New South Wales Consolidated Acts New South Wales Consolidated ActsIn Part 2-
"cognate Acts" means the Motor Traffic (Transport Administration) Amendment
Act 1988 , the Motor Vehicles Taxation Act 1988 , the State Roads (Transport
Administration) Amendment Act 1988 , the State Transport (Co-ordination)
(Transport Administration) Amendment Act 1988 and the Transport Legislation
(Repeal and Amendment) Act 1988 .
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts-this Actthe cognate ActsTransport Administration Amendment (Rail Corporatisation and Restructuring) Act 1996Transport Administration Amendment (Light Rail) Act 1996Traffic Legislation Amendment Act 1997 , but only in relation to the amendments to this ActTransport Administration Amendment (Railway Services Authority Corporatisation) Act 1998Sydney Harbour Foreshore Authority Act 1998Road Transport Legislation Amendment Act 1999 (but only in relation to the amendments to this Act)Transport Administration Amendment (Rail Management) Act 2000Freight Rail Corporation (Sale) Act 2001 (but only in relation to amendments to this Act)Transport Administration Amendment (Rail Access) Act 2001Rail Safety Act 2002 (but only in relation to amendments to this Act)Transport Legislation Amendment (Safety and Reliability) Act 2003Transport Administration Amendment (Rail Agencies) Act 2003Transport Administration Amendment (Sydney Ferries) Act 2003Transport Administration Amendment (New South Wales and Commonwealth Rail Agreement) Act 2004Passenger Transport Amendment (Bus Reform) Act 2004 (but only in relation to the amendments made to this Act)Transport Legislation Amendment (Waterfall Rail Inquiry Recommendations) Act 2005 (but only in relation to the amendments made to this Act)Transport Administration Amendment (Public Transport Ticketing Corporation) Act 2006Transport Administration Amendment (Travel Concession) Act 2006State Revenue and Other Legislation Amendment (Budget) Act 2007Rail Safety Act 2008 , but only to the extent that it amends this ActTransport Administration Amendment (Rail and Ferry Transport Authorities) Act 2008Transport Administration Amendment (Metro Rail) Act 2008Transport Administration Amendment Act 2010Transport Legislation Amendment Act 2011Transport Administration Amendment (Community Road Safety Fund) Act 2012any other Act that amends this Act
(2) Any such provision may, if the regulations so provide, take effect on the date of assent to the Act concerned or a later date.
(3) To the extent to which any such provision takes effect on a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as-(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
(4) Any such provision of the regulations has effect despite anything to the contrary in this Schedule. The regulations may make separate savings and transitional provisions or amend this Schedule to consolidate the savings and transitional provisions.
The State Rail Authority of New South Wales constituted under this Act is a continuation of, and the same legal entity as, the State Rail Authority of New South Wales constituted under the Transport Authorities Act 1980 .
(1) The person who, immediately before the repeal of the Transport Authorities Act 1980 , held office as Chief Executive of the State Rail Authority shall be taken to have been duly appointed under this Act as the Chief Executive of that Authority-(a) for the rest of the term of office for which the person was appointed as Chief Executive under that Act, and(b) under the same terms and conditions as those agreed on by the person and by or on behalf of the Government and applicable to the person as Chief Executive of the State Rail Authority under that Act.
(2) Any such agreement has effect for the purposes of this clause whether or not it was valid when made.
A person who, immediately before the repeal of the Transport Authorities Act 1980 , held office as a Deputy Chief Executive of the State Rail Authority-
(a) ceases to hold that office, and
(b) is not entitled to any remuneration or compensation because of the loss of that office, but is entitled to be appointed on the repeal of that Act to a position in the service of the State Rail Authority not lower in salary than the salary payable to the person as a Deputy Chief Executive immediately before the repeal of that Act.
(1) A person who, immediately before the repeal of the Transport Authorities Act 1980 , held office as a member of the State Rail Authority-(a) ceases to hold that office, and(b) is eligible (if otherwise qualified) to be appointed as a member of the State Rail Authority Board.
(2) A person who so ceases to hold office as a member of the State Rail Authority is not entitled to any remuneration or compensation because of the loss of that office.
Any members of the staff of the State Rail Authority employed under the Transport Authorities Act 1980 immediately before the repeal of that Act shall be taken to be members of the staff of the State Rail Authority employed under this Act.
The State Rail Authority Fund established under the Transport Authorities Act 1980 shall be taken to be the State Rail Authority Fund established under this Act.
(1) The Railway Workshops Board is abolished.
(2) A person who, immediately before the commencement of this clause, held office as a member of the Railway Workshops Board-(a) ceases to hold that office, and(b) is not entitled to any remuneration or compensation because of the loss of that office.
(3) Any assets, rights, liabilities or obligations of the Railway Workshops Board shall be assets, rights, liabilities or obligations of the State Rail Authority.
A person who was, immediately before the repeal of section 134B of the Government Railways Act 1912 , an authorised officer under that section shall on that repeal be taken to have been appointed as an authorised officer under section 98 of this Act.
Any appointment, requirement, certificate or other act, matter or thing made, given or done under a provision of Part 4A of the Transport Authorities Act 1980 and in force or having effect immediately before the repeal of that Part shall be taken to have been made, given or done under the corresponding provision of Schedule 4 to this Act.
Despite the repeal of the City and Suburban Electric Railways Act 1915 , the powers, functions and rights conferred by the easement for railway transit referred to in section 19 of that Act are not affected.
The State Transit Authority of New South Wales constituted under this Act is a continuation of, and the same legal entity as, the Urban Transit Authority of New South Wales constituted under the Transport Authorities Act 1980 .
(1) The person who, immediately before the repeal of the Transport Authorities Act 1980 , held office as Managing Director of the Urban Transit Authority shall be taken to have been duly appointed under this Act as the Chief Executive of the State Transit Authority-(a) for the rest of the term of office for which the person was appointed as Managing Director of the Urban Transit Authority under that Act, and(b) under the same terms and conditions as those agreed on by the person and by or on behalf of the Government and applicable to the person as Managing Director of the Urban Transit Authority under that Act.
(2) Any such agreement has effect for the purposes of this clause whether or not it was valid when made.
(1) A person who, immediately before the repeal of the Transport Authorities Act 1980 , held office as a member of the Urban Transit Authority-(a) ceases to hold that office, and(b) is eligible (if otherwise qualified) to be appointed as a member of the State Transit Authority Board.
(2) A person who so ceases to hold office as a member of the Urban Transit Authority is not entitled to any remuneration or compensation because of the loss of that office.
Any members of the staff of the Urban Transit Authority employed under the Transport Authorities Act 1980 immediately before the repeal of that Act shall be taken to be members of the staff of the State Transit Authority employed under this Act.
The Urban Transit Authority Fund established under the Transport Authorities Act 1980 shall be taken to be the State Transit Authority Fund established under this Act.
Section 75 of the Transport Authorities Act 1980 shall, after the repeal of that section, continue to apply to a penalty notice served under that section before its repeal.
An order made under section 71 of the Transport Authorities Act 1980 and in force immediately before the repeal of that section shall be taken to be an order under section 85.
Any free or concessional travel pass issued by the State Rail Authority or the Urban Transit Authority and in force before the commencement of section 88 shall be taken to be a pass issued in accordance with that section and subject to the same conditions as those to which it was subject immediately before that commencement.
The provisions of clauses 1-3 of Schedule 4 to the Transport Authorities Act 1980 continue to apply to members of the staff of the State Rail Authority or the State Transit Authority, but those provisions are subject to-
(a) any determination made by the relevant Authority under this Act, and
(b) any regulation under Part 7 of this Act, and
(c) any relevant award made by a competent industrial tribunal, and
(d) any industrial agreement to which the relevant Authority is a party.
In this Part-
"former Authority" means-
(a) The Commissioner for Main Roads (being the corporation constituted under section 6 of the State Roads Act 1986 ), or
(b) The Commissioner for Motor Transport (being the corporation constituted under section 6 of the Transport (Division of Functions) Further Amendment Act 1952 ), or
(c) the Traffic Authority of New South Wales.
(1) Each former Authority is abolished.
(2) The Department of Main Roads and the Department of Motor Transport are abolished.
On the abolition of a former Authority, the following provisions have effect-
(a) all real and personal property (including any estate or interest in, or right to control or manage, real or personal property) that, immediately before that abolition, was vested in the former Authority vests in the Roads and Traffic Authority,
(b) all money that, immediately before that abolition, was payable to the former Authority becomes payable to the Roads and Traffic Authority,
(c) any liquidated or unliquidated claim that, immediately before that abolition, was enforceable by or against the former Authority becomes enforceable by or against the Roads and Traffic Authority,
(d) any proceeding pending immediately before that abolition at the suit of or against the former Authority becomes a proceeding pending at the suit of or against the Roads and Traffic Authority,
(e) any contract or arrangement entered into with the former Authority and in force immediately before that abolition becomes a contract or arrangement entered into with the Roads and Traffic Authority,
(f) any security or charge given to or by the former Authority and in force immediately before that abolition becomes a security or charge given to or by the Roads and Traffic Authority,
(g) any act, matter or thing done or omitted to be done before that abolition by, to or in respect of the former Authority shall (to the extent that that act, matter or thing has any force or effect) be taken to have been done or omitted by, to or in respect of the Roads and Traffic Authority.
(1) The person who, immediately before the repeal of Part 2 of the State Roads Act 1986 , held office as the Commissioner for Main Roads shall be taken to have been duly appointed under this Act as the Chief Executive of the Roads and Traffic Authority-(a) for the rest of the term of office for which the person was appointed as Commissioner for Main Roads under that Act, and(b) under the same terms and conditions as those agreed on by the person and by or on behalf of the Government and applicable to the person as Commissioner for Main Roads under that Act.
(2) Any such agreement has effect for the purposes of this clause, whether or not it was valid when made.
(3) Any determination under the Statutory and Other Offices Remuneration Act 1975 of the remuneration of the Commissioner for Main Roads shall, on the commencement of this clause, be taken to be a determination by the Governor of the remuneration of the Chief Executive of the Roads and Traffic Authority, until altered by a further determination of the Governor.
A person who, immediately before the repeal of the Transport (Division of Functions) Further Amendment Act 1952 , held office as the Commissioner or Assistant Commissioner for Motor Transport-
(a) ceases to hold that office, and
(b) is not entitled to any remuneration or compensation because of the loss of that office, but is entitled to be appointed on the repeal of that Act to a position in the service of the Government not lower in salary than the salary payable to the person as Commissioner or Assistant Commissioner immediately before the repeal of that Act.
(1) Any members of the staff of the Department of Main Roads or the Department of Motor Transport or of the staff attached to the Traffic Authority immediately before the commencement of this clause shall be taken to be members of the staff of the Roads and Traffic Authority employed under this Act.
(2) Any such members of staff shall (until other provision is duly made) be employed in accordance with the awards, industrial agreements and determinations applying immediately before the commencement of this clause to members of the staff of the Department of Main Roads.
(3) For the purpose of the application of any such awards, industrial agreements or determinations to persons who were previously members of the staff of the Department of Motor Transport (including members of staff to whom Schedule 9 to the Traffic Authority Act 1976 applied), the classification and grade of any such member of staff shall be the classification and grade determined by the Roads and Traffic Authority, by order published in the Gazette, for the group of staff to which that member belongs.
(4) If a classification or grade is not determined under subclause (3) for any particular member of staff to which that subclause applies, the rate of pay and other conditions of employment of that member shall be specially determined by the Roads and Traffic Authority.
(5) The rate of pay for a member of staff to whom a determination under this clause relates shall not be less than the rate of pay for that member immediately before the commencement of this clause.
(6) Members of staff to whom this clause applies are entitled to any accrued sick, recreational or extended leave (or any other leave or entitlement prescribed by the regulations) not taken before the commencement of this clause.
(7) Despite anything to the contrary in Schedule 9 to the Traffic Authority Act 1976 or in any award or industrial agreement, a member of staff of the Department of Motor Transport who was transferred to the Department of Main Roads by virtue of that Schedule and who becomes a member of the staff of the Roads and Traffic Authority by virtue of this clause shall not be entitled to any special condition of employment preserved by that Schedule that does not apply to other members of the staff of the Department of Main Roads or of the Department of Motor Transport after they become members of the staff of the Roads and Traffic Authority under this clause.
If an appeal is pending to a Transport Appeal Board by a member of the staff of the Department of Motor Transport when the member becomes a member of the staff of the Roads and Traffic Authority under this Act, the appeal may continue to be heard and disposed of and the decision on the appeal shall be given effect to by the Roads and Traffic Authority.
A delegation by the Commissioner for Main Roads of any of the Commissioner’s functions made under section 8 of the State Roads Act 1986 and in force immediately before the repeal of that section shall, to the extent that the function is exercisable by the Roads and Traffic Authority and the delegation could be made under section 50, be taken to be a delegation made under section 50.
On the repeal of the Traffic Authority Act 1976 -
(a) the Traffic Facilities Fund is abolished, and
(b) any balance standing to the credit of that Fund shall be transferred to the Roads and Traffic Authority Fund.
On the repeal of Divisions 1-3 of Part 4 of the State Roads Act 1986 -
(a) the Metropolitan Roads Fund, the Country Roads Fund and the Commonwealth Fund in the Special Deposits Account in the Treasury are abolished, and
(b) any balance standing to the credit of any such fund shall be transferred to the Roads and Traffic Authority Fund.
Any direction, recommendation or other act, matter or thing given, made or done by the Traffic Authority under a provision of the Traffic Authority Act 1976 and in force or having effect immediately before the repeal of that Act shall be taken to have been given, made or done under the corresponding provision of Part 1A of the Traffic Act 1909 .
A shared traffic zone designated under the General Traffic Act 1900 by a notice in force immediately before the repeal of that Act shall be taken to have been designated under section 3B of the Traffic Act 1909 .
A public passenger vehicle registered under the Transport Act 1930 immediately before the repeal of that Act shall be taken to have been registered under the Traffic Act 1909 .
An order under the
Motor Traffic Act 1909 for the approval of a camera detection device or a
radar speed measuring device and in force immediately before the amendment of
the definitions of
"approved camera detection device" and
"approved radar speed measuring device" in section 2 of that Act shall be
taken to be an approval of such devices in connection with all vehicles.
(1) In this clause,
"service licence" means a service licence (including a provisional service licence) issued for a bus service under the Transport Act 1930 and in force immediately before the repeal of section 135 of that Act.
(2) The conditions of a licence under the Transport Licensing Act 1931 (formerly the State Transport (Co-ordination) Act 1931 ) for a bus to which a service licence applies immediately before the repeal of section 135 of the Transport Act 1930 shall be taken to include the conditions to which the service licence was subject immediately before that repeal.
A permit issued under section 143 of the Transport Act 1930 and in force immediately before the repeal of that section shall be taken to be a permit issued under section 22 of the Transport Licensing Act 1931 .
A contract or agreement in force under section 134A of the Transport Act 1930 , immediately before the repeal of that section, shall be taken to be a contract or agreement in force under section 17B of the Transport Licensing Act 1931 .
On the repeal of section 204 of the Transport Act 1930 -
(a) the Public Vehicles Fund is abolished, and
(b) any balance standing to the credit of that Fund shall be transferred to the Consolidated Fund.
An appeal pending before the Transport Appeal Court immediately before the repeal of section 167 of the Transport Act 1930 shall be taken to be an appeal pending before the District Court and may be heard and disposed of accordingly.
(1) In any other Act, or in any instrument made under any Act or in any other document of any kind, a reference to (or required immediately before the commencement of this clause to be read as a reference to)-(a) the Urban Transit Authority shall be read as a reference to the State Transit Authority, and(b) The Commissioner for Main Roads shall be read as a reference to the Roads and Traffic Authority, and(c) The Commissioner for Motor Transport shall be read as a reference to the Roads and Traffic Authority, and(d) the Traffic Authority shall be read as a reference to the Roads and Traffic Authority, and(e) the Railway Workshops Board shall be read as a reference to the State Rail Authority.
(2) In any other Act, or in any instrument made under any Act or in any other document of any kind, a reference required immediately before the commencement of this Act to be read as a reference to the State Rail Authority or the Chief Executive of that Authority shall continue to be read as a reference to that Authority or that Chief Executive, as the case may be.
Anything done or omitted under section 77 of the Transport Authorities Act 1980 or section 11 of the State Roads Act 1986 shall be taken to have been done or omitted under the Attachment of Wages Limitation Act 1957 .
A fee for the purposes of a provision of an Act or regulation determined by an order in force under section 265B of the Transport Act 1930 immediately before the repeal of that Act shall be the fee for the purposes of that provision until another fee is prescribed under that provision.
(1) In this clause,
"former provisions" means-(a) Schedule 5 to the Transport Authorities Act 1980 , and(b) sections 124-124C of the Transport Act 1930 .
(2) The former provisions continue to apply to and in respect of a member of the staff of an Authority, but only if-(a) the member is incapacitated for work (whether totally or partially), and(b) that incapacity results solely from an injury received before the repeal of those provisions.
(3) If-(a) the Authority which employs any such partially incapacitated member of staff offers that member employment for which that member is fit (whether or not of the same classification or kind as that in which that member was engaged before becoming incapacitated), and(b) that member refuses or fails to accept that offer of employment,the former provisions cease to apply to and in respect of that member on such date as the Authority notifies that member.
(4) A member of staff of an Authority in respect of whom the former provisions have ceased to apply-(a) is entitled to compensation (if any) under the Workers Compensation Act 1987 , and(b) is not precluded from any entitlement to compensation or damages against the Authority merely because that member did not elect to make a claim against the Authority for compensation or damages within the time prescribed by the former provisions.
(5) In the application of the Workers Compensation Act 1987 to a member of staff referred to in subclause (4) a period of incapacity before the repeal of the former provisions shall be regarded as a period of incapacity under that Act.
(6) The provisions of clause 5 of Schedule 5 to the Transport Authorities Act 1980 and section l24B of the Transport Act 1930 shall, in their application to a person to whom those provisions continue to apply, be read as if the period during which the person may elect to make a claim for compensation or damages were extended until the date that is 12 months after the repeal of the former provisions.
(7) The workers compensation commissioners have the same jurisdiction to hear and determine matters arising under this clause as they have for matters arising under the Workers Compensation Act 1987 .
(8) The provisions of Divisions 4 and 5 of Part 4 of the Workers Compensation Act 1987 and the provisions of the Compensation Court Act 1984 apply to proceedings under this clause.
In this Part-
"amending Act" means the Transport Administration Amendment (Rail
Corporatisation and Restructuring) Act 1996 .
"former SRA officer" means a person who was a member of the staff of the SRA
immediately before 1 July 1996 and who, after that date, is transferred to a
Rail Corporation or the RSA by an order made under Schedule 6.
"RAC" means Rail Access Corporation as constituted under section 19C
immediately before the amendment of that section by Schedule 2.1 to the
Transport Administration Amendment (Rail Management) Act 2000 .
"rail business" means a Rail Corporation (other than Rail Services Australia),
the RSA or the SRA.
"RSA" means the Railway Services Authority as constituted under section 19U
immediately before the repeal of that section by the Transport Administration
Amendment (Railway Services Authority Corporatisation) Act 1998 .
(1) Despite section 19R(1), on the commencement of that subsection and this clause-(a) the holder of the senior executive position of Director, Planning and Access in the SRA becomes, and is taken to be appointed as, the chief executive officer of RAC for the residue of the holder’s term of office as, and subject to the same conditions (including conditions as to remuneration and duration of employment) as those of the holder’s appointment as, Director, Planning and Access with the SRA, and(b) the holder of the senior executive position of Group General Manager, Freight Rail in the SRA becomes, and is taken to be appointed as, the chief executive officer of FRC for the residue of the holder’s term of office as, and subject to the same conditions (including conditions as to remuneration and duration of employment) as those of the holder’s appointment as, Group General Manager, Freight Rail with the SRA.
(2) Despite subclause (1), a person who is the holder of an executive position under Part 2A of the Public Sector Management Act 1988 referred to in that subclause is not entitled to exercise a right to return to the public sector or to seek the benefit of section 42R or 42S of the Public Sector Management Act 1988 -(a) on ceasing, on the commencement of this clause, to hold that position, or(b) on ceasing to be employed with a Rail Corporation.
(3) The other provisions of section 19R apply to a chief executive officer taken to be appointed in accordance with this clause.
(1) Despite section 19Y(1), on the commencement of that subsection and this clause, the holder of the senior executive position of General Manager, Railway Services in the SRA becomes, and is taken to be appointed as, the chief executive officer of the RSA for the residue of the holder’s term of office as, and subject to the same conditions (including conditions as to remuneration and duration of employment) as those of the holder’s appointment as, General Manager, Railway Services with the SRA.
(2) The provisions of section 19Y(2) and Schedule 2 apply to a chief executive officer taken to be appointed in accordance with this section.
A period within which any matter is required to be done under section 21 of the State Owned Corporations Act 1989 in connection with the first statement of corporate intent of a Rail Corporation may be extended by the voting shareholders of the Rail Corporation.
Nothing in the amending Act affects the operation of the Rail Safety Act 1993 .
A Rail Corporation and the RSA are, on the commencement of this clause, taken to hold the same authorisations and licences, on the same terms and conditions, as the authorisations and licences that the SRA is taken to hold pursuant to clause 16(3) of Schedule 6 to the Electricity Supply Act 1995 .
(1) On and from the commencement of this clause until the repeal of section 12 (Commission to supply sufficient electricity for railways and road transport) of the Electricity (Pacific Power) Act 1950 by the operation of Schedule 5.2[7[#93] to the Electricity Supply Act 1995 , references in that section to the Commissioner for Railways are to be read as references to-(a) the SRA, and(b) if a Rail Corporation requires electricity to be supplied for use in providing motive power for electric trains, the Rail Corporation.
(2) If, on the commencement of Schedule 2 to the amending Act, the repeal of section 12 of the Electricity (Pacific Power) Act 1950 made by Schedule 5.2[7[#93] to the Electricity Supply Act 1995 has not commenced, the amendment contained in Schedule 2.5[3[#93] of the amending Act is taken to be of no effect until such time as the amendment to section 12 of the Electricity (Pacific Power) Act 1950 commences.
On and from the commencement of this clause-
(a) a reference to the State Rail Authority in the Railway Construction (Maldon to Port Kembla) Act 1983 (except in section 2(2)) is to be read as a reference to RAC, and
(b) a reference to the State Rail Authority is to be read as a reference to RAC.
On and from the commencement of this clause, the reference to the Constructing Authority in section 19 of the City and Suburban Electric Railways Act 1915 (the operation of which is saved by clause 12 of Division 1 of Part 2) is to be read as extending to RAC.
(1) If an application made by an SRA officer before 1 July 1996 under the review provision for a review of an appointment to a position is pending on the commencement of this clause, the review is to be conducted and disposed of, in accordance with the review provision, by the rail business in which the position is located on that commencement.
(2) If, as a result of the review, a determination is made that the applicant for the review should be appointed to the position in place of the incumbent in the position and the applicant is not employed by the rail business in which the position is located on the commencement of this clause-(a) the rail business by whom the applicant is employed and the rail business in which the position is located must arrange for the applicant to be transferred to the latter rail business, and(b) the rail businesses concerned must arrange for the placement of the displaced incumbent in the position that the incumbent occupied immediately before he or she was promoted to the position that was the subject of the review, whether the incumbent’s former position is located, after the commencement of this clause, in the SRA or in another rail business.
(3) An applicant whose application for a review is unsuccessful is, subject to any other arrangements that may be made concerning the employment of the applicant under this or any other Act or law, to remain employed with the rail business by whom the applicant was employed on commencement of this clause.
(4) In this clause-
"review provision" means clause 7 of the Transport Administration (Staff) Regulation 1995 .
(1) A Rail Corporation or the RSA may, before 1 August 1996, in respect of conduct that occurred before 1 July 1996-(a) impose on, in disciplinary proceedings, any one or more of the punishments referred to in clause 12 of the Transport Administration (Staff) Regulation 1995 , or(b) temporarily suspend from duty in accordance with clause 13 of that Regulation,any former SRA officer who has been transferred to the Rail Corporation or the RSA by a Ministerial order made under Schedule 6.
(2) A former SRA officer may appeal, in accordance with Part 3 of the Transport Appeal Boards Act 1980 , to a Transport Appeal Board against the imposition of any such punishment or suspension.
(3) Except as provided by subclause (4), a decision of a Transport Appeal Board is final and conclusive and binding on a rail business.
(4) Section 24 of the Transport Appeal Boards Act 1980 applies with respect to the decision of a Transport Appeal Board on such an appeal as if-(a) the reference in that section to the SRA were a reference to a rail business, and(b) the references in that section to that Authority or an Authority, in so far as they relate to the SRA, were references to the rail business by whom the former SRA officer is employed after 1 July 1996.
(1) A Transport Appeal Board is to hear and determine any appeal lodged by a former SRA officer under the Transport Appeal Boards Act 1980 before 1 July 1996.
(2) Clause 57(3) and (4) applies to an appeal referred to in this clause.
A former SRA officer is not entitled to apply for a review under the Transport Administration (Staff) Regulation 1995 , to lodge an appeal under the Transport Appeal Boards Act 1980 or to apply for or obtain any other relief merely because the officer ceases to be a member of the staff of the SRA because of the making of an order under Schedule 6.
The provisions of Parts 1 and 2 of the Transport Administration (Staff) Regulation 1995 apply to officers of the RSA in the same way that they apply to officers of the SRA and as if references in those Parts-
(a) to the SRA were references to the RSA, and
(b) to SRA officers were references to RSA officers.
The amendments made by the amending Act to the regulations referred to in Schedule 2 to that Act do not affect the future amendment or repeal of those regulations.
Nothing in the amending Act affects the constitution or procedure of the Roads and Traffic Advisory Council or the operation of Schedule 3 so far as it relates to that Council.
In this Part-
"roads transfer order" means the order under section 150 of the Roads Act
1993 , published in the Gazette of 24 November 1995 at page 7988 for the
transfer of certain public roads from the Sydney City Council to the Roads and
Traffic Authority.
"Ultimo/Pyrmont light rail roads authority agreement" means the agreement made
on 22 December 1995 between the Sydney City Council, the State Rail Authority
of New South Wales and the Director-General of the Department of Transport
relating to the Ultimo/Pyrmont Light Rail Transit System from Central Station,
Sydney to Wattle Street, Pyrmont.
(1) The Ultimo/Pyrmont light rail roads authority agreement is terminated by virtue of this clause and the parties to the agreement have no further obligations or rights under the agreement.
(2) In particular, any indemnity under the agreement ceases on its termination, but without affecting any obligations actually incurred under the indemnity during the period the agreement was in force.
(3) The consent of the Sydney City Council, as roads authority, to the roads transfer order is not affected by the termination of the agreement.
(1) The roads transfer order is revoked by virtue of this clause.
(2) On the revocation of the order, a further order is taken to have been made under section 150 of the Roads Act 1993 transferring the public roads to which the revoked roads transfer order applied from the Roads and Traffic Authority to the Sydney City Council. The requirements of section 150 of that Act do not apply to the further order.
(3) Any consent, approval, authorisation or other thing done by the Roads and Traffic Authority under the Roads Act 1993 as the roads authority for those public roads and having any force or effect on the commencement of this clause-(a) is not affected by subclause (1) or (2), and(b) is taken to have been given or done in accordance with the Roads Act 1993 , as amended by the Transport Administration Amendment (Light Rail) Act 1996 .
The Roads (General) Regulation 1994 is amended by omitting clause 79A.
Note : The clause concerned declared the RTA to be the roads authority for a certain area in the vicinity of Hay Street between Elizabeth and Quay Streets.
In this Part-
"amending Act" means the Transport Administration Amendment (Railway Services
Authority Corporatisation) Act 1998 .
"former RSA officer" means a person who was a member of the staff of the
Railway Services Authority immediately before the dissolution of that
Authority (other than the Chief Executive of that Authority).
"Rail Services Australia" means Rail Services Australia as constituted under
section 19IA immediately before the repeal of that section by the
Transport Administration Amendment (Rail Management) Act 2000 .
"Railway Services Authority" means the Railway Services Authority as
constituted under section 19U immediately before the repeal of that section by
the amending Act.
(1) The Railway Services Authority is dissolved.
(2) Any public subsidiary corporation of the Railway Services Authority (as referred to in section 19AE before its repeal by the amending Act) is dissolved.
(3) The assets, rights and liabilities (if any) of the Railway Services Authority or any such public subsidiary corporation of the Railway Services Authority immediately before its dissolution are transferred to the Ministerial Holding Corporation, if any such assets, rights or liabilities remain after the operation of any order under clause 70 or 71 that takes effect on or before its dissolution.
(4) Schedule 4 (Transfer of assets, rights and liabilities of SRA and its subsidiaries) applies to any transfer under this clause in the same way as it applies to a transfer by an order under clause 71.
(1) On the dissolution of the Railway Services Authority, Rail Services Australia is taken for all purposes, including the rules of private international law, to be a continuation of, and the same legal entity as, the Railway Services Authority.
(2) This clause does not affect any transfer of assets, rights and liabilities under clause 68, 70 or 71.
(1) The Minister may, by order in writing, direct that such assets, rights and liabilities of the Railway Services Authority or any subsidiary corporation of the Railway Services Authority, as are specified or referred to in the order, be transferred to Rail Services Australia.
(2) Assets, rights or liabilities may not be transferred under this clause unless Rail Services Australia is a statutory State owned corporation.
(3) Schedule 4 applies to an order under this clause.
(4) For the purposes of this clause, the assets, rights and liabilities of the Railway Services Authority and of any subsidiary corporation of the Railway Services Authority include-(a) any assets, rights or liabilities of the Railway Services Authority and of any subsidiary corporation of the Railway Services Authority that have vested in the Ministerial Holding Corporation under this Act, and(b) any assets, rights or liabilities used by or attaching to the Railway Services Authority or any subsidiary corporation of the Railway Services Authority and belonging to the State or an authority of the State.
(5) An order under this clause may be made on such terms and conditions as are specified in the order.
(6) Section 20C of the State Owned Corporations Act 1989 does not apply to the assets, rights or liabilities of the Railway Services Authority or of a subsidiary corporation of the Railway Services Authority.
Note : See section 19J for provisions relating to the transfer of assets, rights and liabilities of the SRA to the Rail Corporations (including RSA).
(1) The Minister may, by order in writing, direct that such other assets, rights or liabilities used by or attaching to the Railway Services Authority or to any subsidiary corporation of the Railway Services Authority as are specified or referred to in the order be transferred to the Ministerial Holding Corporation or to any other person on behalf of the State.
(2) An order under this clause may be made on such terms and conditions as are specified in the order.
(3) Schedule 4 (Transfer of assets, rights and liabilities of SRA and its subsidiaries) applies to an order under this clause.
(1) The person who, immediately before the dissolution of the Railway Services Authority, held office as Chief Executive of the Railway Services Authority-(a) ceases to hold that office, and(b) is eligible (if otherwise qualified) to be appointed as the chief executive officer of Rail Services Australia.
(2) A person who so ceases to hold office is not entitled to any remuneration or compensation because of the loss of that office, except as provided by subclause (3).
(3) Part 2A of the Public Sector Management Act 1988 applies to a person who so ceases to hold office as if the person had ceased to be an executive officer as referred to in section 42Q(4) of that Act.
(1) All former RSA officers are transferred to Rail Services Australia and become employees of Rail Services Australia on the dissolution of the Railway Services Authority.
(2) Except as otherwise provided by this Schedule and the regulations, the terms and conditions on which former RSA officers become employed on being transferred under this Schedule (including terms and conditions as to remuneration, allowances and duration of employment) are those on which they were employed by the Railway Services Authority immediately before its dissolution.
(3) The terms and conditions of employment referred to in subclause (2) apply to new employees of Rail Services Australia in the same way as they apply to former RSA officers of the same class or classification who are transferred to Rail Services Australia.
(4) The terms and conditions of employment referred to in subclause (2) may be varied but only by the means by which they could be varied immediately before the commencement of this clause.
(5) Clauses 4, 6, 7, 8 and 10 of Schedule 6 extend to Rail Services Australia and its staff as follows-(a) a reference to a Rail Corporation includes a reference to Rail Services Australia,(b) a reference to former SRA staff includes a reference to former RSA officers,(c) a reference to a transfer of former SRA staff by an order under that Schedule includes a reference to a transfer of former RSA officers under this Schedule.
(6) A former RSA officer is not entitled to receive any payment or other benefit merely because the person ceases to be a member of the staff of the Railway Services Authority.
(7) A former RSA officer is not entitled to claim, both under this Act and under any other Act, dual benefits of the same kind for the same period of service.
A period within which any matter is required to be done under section 21 of the State Owned Corporations Act 1989 in connection with the first statement of corporate intent of Rail Services Australia may be extended by the voting shareholders of Rail Services Australia.
Nothing in the amending Act affects the operation of the Rail Safety Act 1993 .
(1) A Transport Appeal Board is to hear and determine any appeal lodged by a former RSA officer under the Transport Appeal Boards Act 1980 before the dissolution of the Railway Services Authority.
(2) Except as provided by subclause (3), a decision of the Transport Appeal Board is final and conclusive and binding on Rail Services Australia.
(3) Section 24 of the Transport Appeal Boards Act 1980 applies with respect to the decision of a Transport Appeal Board on such an appeal as if references in that section to the SRA were references to Rail Services Australia.
(1) The Darling Harbour monorail transport system is taken to be a light rail system for the purposes of this Act.
(2) Subject to the regulations, the route of the Darling Harbour monorail transport system, as it was immediately before the repeal of the Darling Harbour Authority Act 1984 , is taken to have been declared under section 104N(2).
(3) Section 104P(3) does not apply to the operation of the Darling Harbour monorail transport system along the route referred to in subclause (2).
(1) In this Part-
"amending Act" means the Road Transport Legislation Amendment Act 1999 .
"repealed Act" means the Traffic Act 1909 as in force immediately before its repeal by the amending Act.
(2) For the purposes of this Part, a provision of this Act corresponds to a provision of the repealed Act if the provision is in the same (or in substantially the same) terms as the provision in the repealed Act.
A public road that was a
traffic route within the meaning of paragraph (b) of the definition of
"traffic route" in section 10X of the repealed Act immediately before its
repeal is taken to be a traffic route within the meaning of clause 8A of
Schedule 1 of this Act.
Any direction given by the Authority to a public authority under section 2G of the repealed Act that was in force immediately before the repeal of that Act is taken to be a directive given to the public authority under clause 8I of Schedule 1 of this Act.
Any recommendation made by the Authority to a public authority under section 2H of the repealed Act that was in force immediately before the repeal of that Act is taken to be a recommendation made to the public authority under clause 8J of Schedule 1 of this Act.
(1) Any subsidy granted to a council under Part 3C of the repealed Act that is still payable to the council immediately before the repeal of that Act is taken to be a subsidy granted and payable to the council under the corresponding provisions of Division 3 of Part 8 of this Act (as amended by the amending Act).
(2) Any subsidy granted to an electricity distributor under Part 3D of the repealed Act that is still payable to the council immediately before the repeal of that Act is taken to be a subsidy granted and payable to the electricity distribution network service provider under the corresponding provisions of Division 3 of Part 8 of this Act (as amended by the amending Act).
If a period of 12 months commencing on a 1 July commenced under section 10Z of the repealed Act had not expired immediately before the repeal of that section, section 80B applies to the unexpired period as if it had been in force when the period of 12 months first commenced.
In this Part-
"amending Act" means the Transport Administration Amendment (Rail Management)
Act 2000 .
"Co-ordinator General of Rail" means the Co-ordinator General of Rail holding
office as such under Part 2 of the Public Sector Management Act 1988 before
the commencement of Schedule 4.1 to the amending Act.
"Office of Co-ordinator General of Rail" means the department of the Public
Service by that name established under the Public Sector Management Act 1988
before the commencement of Schedule 4.1 to the amending Act.
"Rail Access Corporation" (or
"RAC" ) means Rail Access Corporation as constituted under section 19C
immediately before the amendment of that section by Schedule 2.1 to the
amending Act.
"Rail Services Australia" means Rail Services Australia as constituted under
section 19IA immediately before the repeal of that section by Schedule 2.1 to
the amending Act.
(1) Rail Access Corporation and Rail Services Australia are amalgamated to form Rail Infrastructure Corporation.
(2) On that amalgamation-(a) Rail Access Corporation and Rail Services Australia are dissolved as separate entities, and(b) Rail Infrastructure Corporation is taken for all purposes, including the rules of private international law, to be a continuation of, and the same legal entity as, Rail Access Corporation and Rail Services Australia, and(c) without limiting the operation of this clause-the assets, rights and liabilities of Rail Access Corporation and Rail Services Australia are the assets, rights and liabilities of Rail Infrastructure Corporation.
(1) In this clause-
"former board" means the board of directors of Rail Access Corporation or the board of directors of Rail Services Australia.
(2) A person who, immediately before the establishment of Rail Infrastructure Corporation by the amending Act, held office as a director of a former board-(a) ceases to hold that office, and(b) is eligible (if otherwise qualified) to be appointed as a director of the board of Rail Infrastructure Corporation.
(3) A person who so ceases to hold office is not entitled to any remuneration or compensation because of the loss of that office.
(1) A person who, immediately before the establishment of Rail Infrastructure Corporation by the amending Act, held office as the chief executive officer of Rail Access Corporation or Rail Services Australia-(a) ceases to hold that office, and(b) is eligible (if otherwise qualified) to be appointed as the chief executive officer of Rail Infrastructure Corporation.
(2) A person who so ceases to hold office is not entitled to any remuneration or compensation because of the loss of that office, except as provided by the person’s contract of employment in that office.
(1) In this clause,
"existing employee" means a person who was a member of the staff of Rail Access Corporation or Rail Services Australia immediately before the amalgamation of those Corporations (other than the chief executive officer of Rail Access Corporation or Rail Services Australia).
(2) All existing employees are, on the amalgamation of Rail Access Corporation and Rail Services Australia, employees of Rail Infrastructure Corporation.
(3) Except as otherwise provided by this Schedule and the regulations, the terms and conditions on which existing employees are employed on that amalgamation (including terms and conditions as to remuneration, allowances, and duration of employment) are those on which they were employed by Rail Access Australia or Rail Services Australia immediately before that amalgamation.
(4) The terms and conditions of employment referred to in subclause (3) may be varied but only by the means by which they could be varied immediately before that amalgamation.
(5) An existing employee is not entitled to receive any payment or other benefit merely because the person ceases to be a member of the staff of Rail Access Corporation or Rail Services Australia.
In any other Act, or in any instrument made under any Act or in any other document of any kind, a reference to (or required immediately before the commencement of this clause to be read as a reference to) Rail Access Corporation or Rail Services Australia is to be read as a reference to Rail Infrastructure Corporation.
(1) Any approval or exemption held by Rail Access Corporation or Rail Services Australia-(a) under the Public Finance and Audit Act 1983 or the Annual Reports (Statutory Bodies) Act 1984 with respect to any accounts or annual report, or(b) under the Public Authorities (Financial Arrangements) Act 1987 with respect to any financial arrangement or joint venture arrangement,is taken to be an approval or exemption held by Rail Infrastructure Corporation.
(2) Statements of accounts and the first annual report of Rail Infrastructure Corporation must include accounts and an annual report with respect to any period from the end of the last financial year of Rail Access Corporation and Rail Services Australia until the establishment of Rail Infrastructure Corporation by the amending Act.
(3) Duty is not chargeable in respect of anything certified by the Minister as having been done in consequence of the amalgamation of Rail Access Corporation and Rail Services Australia.
Section 19E(5A), as inserted by the amending Act, does not apply to the conduct of any business after the commencement of that provision in accordance with a contract or other arrangement made before that commencement.
(1) The operation of this Schedule (in connection with the assets, rights and liabilities and the staff of Rail Access Corporation and Rail Services Australia) is not to be regarded-(a) as a breach of contract or confidence or otherwise as a civil wrong, or(b) as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities, or(c) as giving rise to any remedy by a party to an instrument, or as causing or permitting the termination of any instrument, on the basis of a change in the beneficial or legal ownership of any asset, right or liability.
(2) The operation of this Schedule (in that connection) is not to be regarded as an event of default under any contract or instrument.
(3) In this clause,
"contract" includes any contract of employment with Rail Access Corporation or Rail Services Australia.
(4) Words and expressions used in this clause have the meanings given in Schedule 4.
In this Part,
"the 2001 amending Act" means the Transport Administration Amendment (Rail
Access) Act 2001 .
The NSW Rail Access Regime in force under section 19B (as in force immediately before the repeal of that section by the 2001 amending Act) continues to have effect for the purposes of this Act as if it were an access undertaking in force under Schedule 6AA, and may be varied accordingly, until a new access undertaking takes effect under-
(a) section 44ZZA of the Competition and Consumer Act 2010 of the Commonwealth, or
(b) Schedule 6AA to this Act,as the case may be.
Any order that, immediately before the commencement of section 19A(3), was in force under section 19B(2) is taken is to have been made under section 19A(3).
In this Part-
"ITSRR" means the Independent Transport Safety and Reliability Regulator.
"the amending Act" means the Transport Legislation Amendment (Safety and
Reliability) Act 2003 .
(1) The person who, immediately before the constitution of the ITSRR, held office as the Co-ordinator General of Rail ceases to hold that office.
(2) A person who, immediately before the constitution of the ITSRR, held a senior executive position (within the meaning of the Public Sector Employment and Management Act 2002 ) within the Office of Co-ordinator General of Rail-(a) ceases to hold that office, and(b) is eligible (if otherwise qualified) to be appointed as a member of the staff of the ITSRR or the Ministry of Transport.
(3) A person who ceases under this clause to hold office is not entitled to any remuneration or compensation because of the loss of that office, except as provided by subclause (4).
(4) Part 3.1 of the Public Sector Employment and Management Act 2002 applies to a person who ceases under this clause to hold office as if the person had ceased to be an executive officer as referred to in section 77 of that Act.Note : Subclause (4) ensures that the person retains any rights to compensation or right of return that the person would have had if removed from office by the Governor instead of by operation of this clause.
The Office of Co-ordinator General of Rail is abolished.
In any Act, or in any instrument made under any Act or in any other document of any kind, a reference to (or required immediately before the commencement of this clause to be read as a reference to) the Co-ordinator General of Rail or the Office of Co-ordinator General of Rail is to be read as a reference to the ITSRR, except as provided by the regulations.
(1) A person who, immediately before the repeal of Parts 5 and 5A by the amending Act, held office as a member of the Public Transport Authority or the Public Transport Advisory Council ceases to hold that office.
(2) A person who ceases under this clause to hold office is not entitled to any remuneration or compensation because of the loss of that office.
(1) The Minister may, by order in writing, direct that such assets, rights or liabilities of the Transport Administration Corporation or the Office of Co-ordinator General of Rail, or in respect of a contract or arrangement entered into by the Director-General, as are specified or referred to in the order be transferred to the ITSRR or any other body constituted under this Act.
(2) An order under this clause may be made on such terms and conditions as are specified in the order.
(3) Schedule 4 applies to an order made under this clause.
In this Part-
"the amending Act" means the Transport Administration Amendment (Rail
Agencies) Act 2003 .
For the purposes of giving effect to a transfer of assets, rights or liabilities to RailCorp under this Act (as amended by the amending Act), or the vesting of rail infrastructure facilities in RailCorp under this Act (as amended by the amending Act), RailCorp may act as the agent of the SRA or RIC.
(1) For the purposes of giving effect to the amending Act, a rail authority may make and enter into contracts, leases, licences or other arrangements with another rail authority or any other person with respect to the provision of services or the supply of goods jointly to both rail authorities or to one of the authorities.
(2) Any such contract, lease, licence or other arrangement may apply to the provision of services or the supply of goods by either of the authorities or by any other person.
(3) Any such contract, lease, licence or other arrangement may be entered into, and has effect, despite any requirement for consent under any other contract, lease, licence or arrangement between a rail authority and any other person.
(4) The operation of this clause is not to be regarded-(a) as a breach of a contract or confidence or otherwise as a civil wrong, or(b) as a breach of any contractual provision prohibiting, restricting or regulating the assignment of assets, rights or liabilities, or(c) as giving rise to any remedy by a party to an instrument, or as causing or permitting the termination of any instrument.
(5) Nothing in this clause limits any other power of a rail authority to enter into any contract, lease, licence or other arrangement with another rail authority or any other person.
(6) In this clause-
"rail authority" means the State Rail Authority, RailCorp, Rail Infrastructure Corporation or Transport Infrastructure Development Corporation.
(1) This clause applies to an employee of the SRA or Rail Infrastructure Corporation who changes (other than by transfer under Schedule 6) from that employment to employment with RailCorp or Transport Infrastructure Development Corporation within 2 years of the commencement of this clause.
(2) Clauses 13 and 14 of Schedule 6 apply to an employee in the same way as they apply to an employee transferred to RailCorp or Transport Infrastructure Development Corporation under that Schedule.
(3) The SRA is not required to comply with the Privacy and Personal Information Protection Act 1998 in respect of the disclosure of information about employees referred to in subclause (1) to the new or proposed employer of those employees.
(1) A rail access agreement entered into by Rail Infrastructure Corporation, and in force immediately before the commencement of this clause-(a) continues in force, and(b) to the extent that it relates to rail infrastructure facilities vested in RailCorp by the amending Act, is taken to have been entered into by RailCorp.
(2) For the purposes of any such agreement, RailCorp may act as the agent of Rail Infrastructure Corporation under the agreement and may exercise any of the functions of Rail Infrastructure Corporation under that agreement.
(3) Nothing in this clause prevents the variation, termination or replacement of a rail access agreement continued by this clause.
(4) In this clause,
"rail access agreement" means an agreement entered into by Rail Infrastructure Corporation pursuant to the NSW Rail Access Regime or the RIC access undertaking, that permits a person to operate rolling stock on the NSW rail network.
An order made by the State Rail Authority under section 85, and in force immediately before the commencement of this clause, is taken to have been made by RailCorp under that section and that section applies accordingly.
Any free or concessional travel pass issued by the State Rail Authority under section 88 before the commencement of this clause, and in force immediately before the commencement of this clause, is taken to have been issued by RailCorp under that section and that section applies accordingly.
Any ticket issued by or on behalf of the State Rail Authority, and valid immediately before the commencement of this clause, is taken to have been issued by RailCorp and continues (if otherwise valid) to be a valid ticket.
A regulation made under section 99, and in force before the commencement of this clause, is taken to have been made under section 91 as inserted by the amending Act.
Nothing in the amending Act affects the validity of a penalty notice (whether under this or any other Act or law) issued by or on behalf of the State Rail Authority before the commencement of this clause.
Nothing in this Schedule affects the transfer, before the commencement of this clause, of any assets, rights or liabilities under this Act and Schedule 4 continues to apply to or in respect of any such transfer.
Nothing in this Schedule affects the transfer, before the commencement of this clause, of any staff of the State Rail Authority or Rail Infrastructure Corporation under this Act and Schedule 6 continues to apply to or in respect of any such transfer.
Nothing in the amending Act affects the operation of the Rail Safety Act 2002 .
(1) Except as provided by the regulations, a reference in any Act, in any instrument made under any Act or in any document of any kind to the State Rail Authority is, to the extent that it relates-(a) to the metropolitan rail area or the exercise of functions relating to railway passenger services in this State, to be read as or including a reference to RailCorp, or(b) to its responsibility for network control, to be read as or including a reference to the person having responsibility for the network control under this Act, or(c) to the development of a railway system or other transport project undertaken by Transport Infrastructure Development Corporation under section 18E(2), to be read as or including a reference to Transport Infrastructure Development Corporation.
(2) This clause has effect subject to any transfers of assets, rights or liabilities under this Act.
(1) This clause applies to a development application or matter relating to-(a) rail infrastructure facilities or other assets transferred to RailCorp from the State Rail Authority or Rail Infrastructure Corporation under this Act, or(b) a function conferred on RailCorp under this Act that was, immediately before the commencement of this clause, conferred on the State Rail Authority or Rail Infrastructure Corporation, or(c) the development of a railway system or other transport project undertaken by Transport Infrastructure Development Corporation under section 18E(2)(a
"transferred development" ).
(2) A development application relating to a matter referred to in subclause (1)(a) or (b) made by the State Rail Authority or Rail Infrastructure Corporation under the Environmental Planning and Assessment Act 1979 before the commencement of this clause, and not finally determined before that commencement, is taken to have been made by RailCorp.
(3) A development application relating to a transferred development made by the State Rail Authority or Rail Infrastructure Corporation under the Environmental Planning and Assessment Act 1979 before the commencement of this clause, and not finally determined before that commencement, is taken to have been made by Transport Infrastructure Development Corporation.
(4) For the purposes of Part 5 of the Environmental Planning and Assessment Act 1979 , RailCorp is taken to be the determining authority in respect of any matter (other than a matter relating to a transferred development) not finally determined under that Part before the commencement of this clause in which the State Rail Authority or Rail Infrastructure Corporation was the determining authority.
(5) For the purposes of Part 5 of the Environmental Planning and Assessment Act 1979 , Transport Infrastructure Development Corporation is taken to be the determining authority in respect of any matter relating to a transferred development not finally determined under that Part before the commencement of this clause in which the State Rail Authority or Rail Infrastructure Corporation was the determining authority.
(6) Transport Infrastructure Development Corporation is, subject to the regulations, taken to be the holder of any development approval under the Environmental Planning and Assessment Act 1979 relating to a transferred development and in force immediately before the commencement of this clause.
(1) For the purposes of the Independent Pricing and Regulatory Tribunal Act 1992 , a determination of the pricing for transport services provided by the State Rail Authority, in force immediately before the commencement of this clause, extends to transport services operated by RailCorp.
(2) Nothing in this clause prevents any such determination from being revoked, or a further determination being issued for RailCorp.
A period within which any matter is required to be done under this Act in relation to a statement of corporate intent, in connection with the first statement of corporate intent of RailCorp or Transport Infrastructure Development Corporation, may be extended by the voting shareholders of the Corporation concerned.
(1) This clause applies to a licence, permit, approval or other authorisation granted to the State Rail Authority or Rail Infrastructure Corporation under any of the following Acts or under a regulation under any of those Acts, and in force immediately before the commencement of this clause-(a) Dangerous Goods Act 1975 ,(b) Environmental Planning and Assessment Act 1979 ,(c) Home Building Act 1989 ,(d) Occupational Health and Safety Act 2000 ,(e) Protection of the Environment Operations Act 1997 ,(f) Sydney Harbour Foreshore Authority Act 1998 ,(g) Sydney Water Act 1994 ,(h) any other Act prescribed by the regulations.
(2) An authorisation is, to the extent that it relates to former SRA or RIC functions or former RIC infrastructure, taken to be held by RailCorp on the same terms and conditions as the State Rail Authority or Rail Infrastructure Corporation held the authorisation immediately before the commencement of this clause.
(3) The regulations may exempt an authorisation from the operation of this clause.
(4) Nothing in this clause prevents an authorisation from being varied, cancelled or replaced.
(5) In this clause-
"former RIC infrastructure" means rail infrastructure facilities vested in or owned by RailCorp that, immediately before the commencement of clause 2B of Schedule 6A, were vested in or owned by RIC.
"former SRA or RIC functions" means a function conferred on RailCorp under Part 2, as inserted by the amending Act, that was, immediately before the commencement of that Part, conferred on the State Rail Authority or Rail Infrastructure Corporation.
In this Part-
"the amending Act" means the Transport Administration Amendment (Sydney
Ferries) Act 2003 .
For the purposes of giving effect to a transfer of assets, rights or liabilities to Sydney Ferries under this Act (as amended by the amending Act) Sydney Ferries may act as the agent of the State Transit Authority.
(1) For the purposes of giving effect to the amending Act, the State Transit Authority or Sydney Ferries may make and enter into contracts, leases, licences or other arrangements with each other or any other person with respect to the provision of services or the supply of goods jointly to the Authority and Sydney Ferries or to Sydney Ferries.
(2) Any such contract, lease, licence or other arrangement may apply to the provision of services or the supply of goods by either the State Transit Authority or Sydney Ferries or by any other person.
(3) Any such contract, lease, licence or other arrangement may be entered into, and has effect, despite any requirement for consent under any other contract, lease, licence or arrangement between the State Transit Authority and any other person.
(4) The operation of this clause is not to be regarded-(a) as a breach of a contract or confidence or otherwise as a civil wrong, or(b) as a breach of any contractual provision prohibiting, restricting or regulating the assignment of assets, rights or liabilities, or(c) as giving rise to any remedy by a party to an instrument, or as causing or permitting the termination of any instrument.
(5) Nothing in this clause limits any other power of the State Transit Authority or Sydney Ferries to enter into any contract, lease, licence or other arrangement with any other person.
An order made by the State Transit Authority under section 85 applying to charges for Sydney ferry services, and in force immediately before the commencement of this clause, is taken to have been made by Sydney Ferries under that section and that section applies accordingly.
Any free or concessional travel pass issued by the State Transit Authority under section 88 before the commencement of this clause, and in force in relation to Sydney ferry services immediately before that commencement, is taken to have been issued by Sydney Ferries and that section applies accordingly.
Any ticket issued by or on behalf of the State Transit Authority for a Sydney ferry service, and valid immediately before the commencement of this clause, is taken to have been issued by Sydney Ferries and continues (if otherwise valid) to be a valid ticket.
(1) A regulation made under section 104, and in force immediately before the commencement of this clause-(a) is taken to have also been made under section 106C, and(b) applies to or in respect of Sydney Ferries in the same way that it applies to or in respect of the State Transit Authority.
(2) Nothing in this clause prevents the amendment or repeal of any such regulation.
Nothing in the amending Act affects the validity of a penalty notice (whether under this or any other Act or law) issued by or on behalf of the State Transit Authority immediately before the commencement of this clause.
(1) Except as provided by the regulations, a reference in any Act, in any instrument made under any Act or in any document of any kind to the State Transit Authority is, to the extent that it relates to any act, matter or thing relating to the provision of Sydney ferry services, to be read as or including a reference to Sydney Ferries.
(2) This clause has effect subject to any transfers of assets, rights or liabilities under this Act.
(1) For the purposes of the Independent Pricing and Regulatory Tribunal Act 1992 , a determination of the pricing for ferry services provided by the State Transit Authority, in force immediately before the commencement of this clause, extends to Sydney ferry services operated by Sydney Ferries.
(2) Nothing in this clause prevents any such determination from being replaced, or a further determination being issued for Sydney Ferries.
A period within which any matter is required to be done under this Act in relation to a statement of corporate intent, in connection with the first statement of corporate intent of Sydney Ferries, may be extended by the voting shareholders of Sydney Ferries.
(1) Any exemption in force immediately before the commencement of this clause of the State Transit Authority, under the Passenger Transport Act 1990 , from the requirements of section 16(1) and (3) of that Act is taken to apply also to Sydney Ferries in respect of the kinds of regular passenger services subject to the exemption immediately before the commencement of Part 3A.
(2) Nothing in this clause prevents the exemption from being varied or revoked.
(1) This clause applies to a licence, permit, approval or other authorisation granted to the State Transit Authority under any of the following Acts or under a regulation under any of those Acts, and in force immediately before the commencement of this clause-(a) Commercial Vessels Act 1979 ,(b) Dangerous Goods Act 1975 ,(c) Protection of the Environment Operations Act 1997 ,(d) any other Act prescribed by the regulations.
(2) An authorisation is, to the extent that it relates to former STA functions, taken to be held by Sydney Ferries on the same terms and conditions as the State Transit Authority held the authorisation immediately before the commencement of this clause.
(3) The regulations may exempt an authorisation from the operation of this clause.
(4) Nothing in this clause prevents an authorisation from being varied, cancelled or replaced.
(5) In this clause-
"former STA function" means a function conferred on Sydney Ferries by Part 3A that was, immediately before the commencement of that Part, conferred on the State Transit Authority.
In this Part-
"rail access agreement" means an agreement entered into by a rail authority
pursuant to the NSW Rail Access Regime or RIC access undertaking that permits
a person to operate rolling stock on the NSW rail network.
"rail authority" has the same meaning as it has in Part 8A of the Act.
"the amending Act" means the Transport Administration Amendment (New South
Wales and Commonwealth Rail Agreement) Act 2004 .
An access undertaking entered into by a rail authority under Schedule 6AA and in force immediately before the commencement of this clause is, to the extent to which it relates to land or rail infrastructure facilities subject to an ARTC lease or licence, taken to have been entered into by ARTC instead of the rail authority.
(1) A rail access agreement entered into by a rail authority and in force immediately before the commencement of this clause continues in force, subject to this clause.
(2) If a rail access agreement applies or is to apply to a part of the NSW rail network for which there are or are to be 2 or more rail infrastructure owners, the Minister may determine that the rail access agreement is terminated and determine that it is replaced by one or more separate rail access agreements entered into with each rail infrastructure owner.
(3) The Minister may for the purposes of this clause-(a) determine the parties to each separate agreement, and(b) determine the terms of each separate agreement, and(c) determine the date on which each separate agreement takes effect.
(4) The Minister must give written notice to the parties to a separate agreement of the agreement and its terms not less than 14 days before the separate agreement takes effect.
(5) A separate agreement under this clause must not substantially change rights or obligations under the previous agreement. This subclause does not prevent a change in parties to agreements.
(6) The operation of this clause is not to be regarded-(a) as a breach of contract or confidence or otherwise as a civil wrong, or(b) as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities (within the meaning of Schedule 4), or(c) as giving rise to any remedy by a party to an instrument, or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset, right or liability.
(1) A party to a rail access agreement may, not more than 14 days after being notified of a new separate rail access agreement under this Part, give notice in writing to the Independent Pricing and Regulatory Tribunal that the terms of the agreement are not acceptable to it and refer the dispute to the Tribunal under Part 4A of the Independent Pricing and Regulatory Tribunal Act 1992 .
(2) Part 4A of the Independent Pricing and Regulatory Tribunal Act 1992 (other than section 24C) applies to any such dispute in the same way that it applies to a dispute with respect to a public infrastructure access regime.
(3) A dispute may not be referred or dealt with under this clause unless it is a dispute relating to terms of the new separate rail access agreement that are substantially different from those of the agreement it replaces or relating to whether terms of the previous agreement should be adjusted because of the separation.
(4) To avoid doubt, the terms of an agreement are not substantially different merely because it is replaced by more than one agreement with different parties.
(5) The arbitrator of the dispute is to determine the dispute by making a written determination.
(6) The determination may vary the terms of a separate rail access agreement and any such rail access agreement has effect accordingly. The determination may not vary any terms of a separate rail access agreement that are not substantially different from terms contained in the agreement it replaces.
(7) Nothing in this clause prevents the further amendment of the rail access agreement in accordance with its terms or any other law.
(1) This clause applies-(a) to development or an activity carried out before, or being carried out immediately before, the commencement of this clause by a rail authority (with or without development consent or approval under the Environmental Planning and Assessment Act 1979 ), or(b) to any such development or activity that is continued after that commencement and is carried out in substantially the same manner as it was carried out before that commencement,being development or an activity that is carried out on land subject to an ARTC lease or licence.
(2) The development or activity is taken to comply with any requirements for consents or approvals or any other requirements of the Environmental Planning and Assessment Act 1979 and any other law relating to the carrying out of the development or activity.
(3) This clause does not apply to the requirements of this Act, the Occupational Health and Safety Act 2000 , the Dangerous Goods Act 1975 , the Rail Safety Act 2002 , the Protection of the Environment Operations Act 1997 or any regulation under those Acts or any other Act or law prescribed by the regulations.
(4) To avoid doubt, nothing in this clause prevents any person from relying on or acting in accordance with a development consent or other approval, or any rights relating to the continuation of an existing use, under the Environmental Planning and Assessment Act 1979 .
(5) Words and expressions used in this clause have the same meanings as they have in the Environmental Planning and Assessment Act 1979 .
(1) This clause applies to rail infrastructure facilities or other assets subject to an ARTC lease or licence.
(2) An assessment of a development or an activity, a development application or any other application, under the Environmental Planning and Assessment Act 1979 relating to rail infrastructure facilities made by or on behalf of a rail authority before the commencement of the ARTC lease or licence (including any related environmental impact statement or other material prepared and lodged by or on behalf of the rail authority), and not finally determined before that commencement, is taken to have been made by or on behalf of ARTC.
(3) A development consent or an approval granted under the Environmental Planning and Assessment Act 1979 in relation to a rail infrastructure facility before the commencement of the ARTC lease or licence is taken to have been granted to ARTC.
(4) This clause is subject to the regulations.
(1) This section applies to a member of staff of a rail authority (the
"new rail employer" ) who was, within 30 days before becoming a member of staff of the rail authority, a member of staff of another rail authority (the
"former rail employer" ).
(2) Regulations may be made for or with respect to the following matters-(a) providing for service with one or more rail authorities to be taken, for the purpose of accrual of leave and any entitlements, as service with a new rail employer,(b) the payment of leave entitlements on termination of employment with a former rail employer,(c) the preservation and transfer of leave entitlements on employment with a new rail employer,(d) eligibility to apply for vacant positions in rail authorities (other than ARTC), including rights of appeal.
(3) This clause does not apply to a temporary member of staff of ARTC within the meaning of Division 5 of Part 8A.
(4) In this clause,
"rail authority" includes ARTC.
In this Part-
"the amending Act" means the Transport Legislation Amendment (Waterfall Rail
Inquiry Recommendations) Act 2005 .
(1) The person holding office as the Chief Investigator under section 42S immediately before the repeal of that section by the amending Act is appointed as the Chief Investigator under section 45 as inserted by the amending Act.
(2) The person appointed under subclause (1) holds office for the residue of the person’s term of office as, and subject to the same conditions (including conditions as to remuneration and duration of employment) as, those of the person’s appointment as Chief Investigator under section 42S.
(3) Part 3.1 of the Public Sector Employment and Management Act 2002 applies to and in respect of the employment of the Chief Investigator under this clause.
(1) On the repeal of Division 5 of Part 4A by the amending Act, each member of staff of the Office of Transport Safety Investigations is transferred to the employment of the Government of New South Wales in the service of the Crown, subject to section 65F(3).
(2) Each such member of staff is taken to have been appointed under section 65F(1) and continues (until other provision is duly made) to be employed in accordance with the awards, agreements and determinations applying, immediately before the transfer, to members of the staff of the Office of Transport Safety Investigations.
(3) Neither the contract of employment nor the period of employment of each member of staff concerned is taken to have been broken by the operation of this Act for the purposes of any law, award or agreement relating to the employment of that member of staff.
(4) Without limiting this clause, this Act does not affect any accrued rights that the member of staff concerned had immediately before the transfer in relation to any kind of leave.
(5) A member of staff concerned is not entitled to receive any payment or other benefit merely because the member ceases to be an employee of the Office of Transport Safety Investigations.
(6) A member of staff concerned is not entitled to claim, both under this Act and under any other Act, dual benefits of the same kind for the same period of service.
(1) A member of staff who is transferred under clause 150 and who, immediately before the transfer was an authorised officer within the meaning of the Rail Safety Act 2002 or the Passenger Transport Act 1990 , is taken to be a person to whom the Chief Investigator has delegated his functions under section 67A of the Rail Safety Act 2002 or section 46BB of the Passenger Transport Act 1990 .
(2) This clause does not prevent the variation or revocation of any such delegation.
(1) Until the regulations otherwise provide, full fee paying overseas students-(a) are not entitled to be issued with a concessional travel pass (as referred to in section 88) of a kind that is available only to persons who are students at tertiary educational institutions, and(b) are not entitled to the benefit of concessional travel in circumstances where only a person who is entitled to be issued with such a pass is entitled to that benefit.
(2) This clause extends to travel under a scheme for Government subsidised travel as referred to in section 39.
(3) In this clause,
"full fee paying overseas student" means a person who has been permitted to enter Australia on a visa issued on the basis that while in Australia the person will be enrolled as a full-time student at a tertiary educational institution, paying the full cost of their tuition and will have sufficient funds to meet their educational and living costs in Australia.
(1) On the repeal of clause 6 of Schedule 8, the person holding office as the Chief Executive of the State Rail Authority immediately before that repeal ceases to hold that office.
(2) No compensation or remuneration is payable to any person because of the operation of this clause.
(1) Subject to the regulations, a reference in any Act (other than this Act) or instrument, or in any other document, to the State Rail Authority is to be read as a reference to the SRA Residual Holding Corporation.
(2) Without limiting subclause (1), the regulations may provide that a reference in any Act (other than this Act), instrument or other document to the State Rail Authority is to be read as a reference to another statutory corporation.
In this Part-
"2008 amending Act" means the Transport Administration Amendment (Rail and
Ferry Transport Authorities) Act 2008 .
RailCorp, as constituted under this Act immediately after the substitution of section 4(2) by the 2008 amending Act, is for all purposes (including the rules of private international law) a continuation of, and the same legal entity as, RailCorp as constituted immediately before that substitution.
(1) The person who, immediately before the commencement of section 15 (as inserted by the 2008 amending Act), held office as chief executive officer of RailCorp is taken to have been appointed as Chief Executive Officer of RailCorp under that section-(a) for the balance of the term of office for which the person was so appointed before the commencement of that section, and(b) on the same terms and conditions as the person was so determined.
(2) The Minister may, by order, vary the terms and conditions of the appointment of the Chief Executive Officer as continued by this clause, having regard to terms and conditions of appointment of members of the Chief Executive Service under the Public Sector Employment and Management Act 2002 .
(1) An existing Board member of RailCorp ceases to hold office on the commencement of section 13, as inserted by the 2008 amending Act, but is eligible (if otherwise qualified) to be appointed as a member of the RailCorp Board.
(2) A person who so ceases to hold office is not entitled to any remuneration or compensation because of the loss of the office.
(3) In this clause-
"existing Board member" means a person (other than the Chief Executive Officer) who held office as a member of the Board of RailCorp immediately before the commencement of section 13, as inserted by the 2008 amending Act.
(1) RailCorp is to prepare its first corporate plan, in accordance with section 17B as inserted by the 2008 amending Act, within the period approved by the Minister for the purposes of this clause.
(2) The statement of corporate intent applicable to RailCorp under the State Owned Corporations Act 1989 immediately before the commencement of section 17B continues to apply to RailCorp until RailCorp complies with that section, subject to any direction of the Minister.
Sydney Ferries, as constituted under this Act immediately after the substitution of section 35A(2) by the 2008 amending Act, is for all purposes (including the rules of private international law) a continuation of, and the same legal entity as, Sydney Ferries as constituted immediately before that substitution.
(1) The person who, immediately before the commencement of section 35J (as inserted by the 2008 amending Act), held office as chief executive officer of Sydney Ferries is taken to have been appointed as Chief Executive Officer of Sydney Ferries under that section-(a) for the balance of the term of office for which the person was so appointed before the commencement of that section, and(b) on the same terms and conditions as the person was so appointed.
(2) The Minister may, by order, vary the terms and conditions of the appointment of the Chief Executive Officer as continued by this clause, having regard to terms and conditions of appointment of members of the Chief Executive Service under the Public Sector Employment and Management Act 2002 .
(1) An existing Board member of Sydney Ferries ceases to hold office on the commencement of section 35H, as inserted by the 2008 amending Act, but is eligible (if otherwise qualified) to be appointed as a member of the Sydney Ferries Board.
(2) A person who so ceases to hold office is not entitled to any remuneration or compensation because of the loss of the office.
(3) In this clause-
"existing Board member" means a person (other than the Chief Executive Officer) who held office as a member of the Board of Sydney Ferries immediately before the commencement of section 35H, as inserted by the 2008 amending Act.
(1) Sydney Ferries is to prepare its first corporate plan, in accordance with section 35N as inserted by the 2008 amending Act, within the period approved by the Minister for the purposes of this clause.
(2) The statement of corporate intent applicable to Sydney Ferries under the State Owned Corporations Act 1989 immediately before the commencement of section 35N continues to apply to Sydney Ferries until Sydney Ferries complies with that section, subject to any direction of the Minister.
In this Part,
"amending Act" means the Transport Administration Amendment (Metro Rail) Act
2008 .
Sydney Metro is to prepare its first corporate plan, in accordance with section 55L, as inserted by the amending Act, within the period approved by the Minister for the purposes of this clause.
(1) Schedule 4, as amended by the amending Act, extends to any transfer of assets, rights or liabilities, consequent on an order to which that Schedule applies, that was made at any time before the commencement of those amendments.
(2) For that purpose-(a) the amendments are taken to have been in force when the relevant transfers occurred, and(b) any such transfer is taken to have been validly made if it could have been made after that commencement.
(3) This clause does not apply to any transfer to the extent that it is affected by any proceedings of a court that were finally determined before that commencement.
(4) For the purposes of this clause, proceedings are not finally determined if-(a) any period for bringing an appeal as of right in respect of the proceedings has not expired (ignoring any period that may be available by way of extension of time to appeal), or(b) any appeal in respect of the proceedings is pending (whether or not it is an appeal brought as of right).
A reference in any Act (other than this Act), in any instrument made under any Act or in any document of any kind to the Department of Transport and Infrastructure is to be construed as a reference to Transport NSW.
(1) The person holding office as the chief executive (however described) of any of the following bodies immediately before the commencement of this clause is taken to have been appointed by the Director-General, for the balance of the person’s term of appointment, as the chief executive of the body in respect of which the person formerly held office as chief executive-(a) RailCorp,(b) Roads and Traffic Authority,(c) State Transit Authority,(d) Sydney Ferries.
(2) The person holding office as the chief executive officer of Transport Infrastructure Development Corporation immediately before the commencement of this clause is taken to have been appointed by the Director-General, for the balance of the person’s term of appointment, as the chief executive of the Transport Construction Authority-(a) with the same remuneration as that payable to the person immediately before that commencement, and(b) on such other terms and conditions relating to that previous appointment as the Director-General determines after consultation with the Director of Public Employment.
(3) The person holding office as the chief executive officer of Rail Infrastructure Corporation immediately before the commencement of this clause is taken to have been appointed by the Director-General, for the balance of the person’s term of appointment, as the chief executive of the Country Rail Infrastructure Authority-(a) with the same remuneration as that payable to the person immediately before that commencement and,(b) on such other terms and conditions relating to that previous appointment as the Director-General determines after consultation with the Director of Public Employment.
(4) The person holding office as the chief executive officer of Sydney Metro immediately before the commencement of this clause ceases to hold that office.
(5) The person holding office as the chief executive officer of the Public Transport Ticketing Corporation immediately before the commencement of this clause ceases to hold that office.
(6) No compensation or remuneration is payable to any person as a consequence of-(a) the person ceasing to hold any office, or(b) the effect on a person’s existing contract of employment,because of the operation of this clause.
(1) In this clause-
"existing Board" means any of the following as constituted under this Act immediately before the commencement of this clause-(a) RailCorp Board,(b) State Transit Authority Board,(c) Sydney Ferries Board,(d) Public Transport Ticketing Corporation Board,(e) Sydney Metro Board,(f) board of directors of Transport Infrastructure Development Corporation,(g) board of directors of Rail Infrastructure Corporation.
(2) Each existing Board is abolished.
(3) A person who, immediately before the commencement of this clause, held office as a member of an existing Board-(a) ceases to hold that office, and(b) is not entitled to any remuneration or compensation because of the loss of that office.
(1) In this clause-
"existing Advisory Council" means the Transport Advisory Group or the Roads and Traffic Advisory Council as constituted under this Act immediately before the commencement of this clause.
(2) Each existing Advisory Council is abolished.
(3) A person who, immediately before the commencement of this clause, held office as an appointed member of an existing Advisory Council-(a) ceases to hold that office, and(b) is not entitled to any remuneration or compensation because of the loss of that office, but is eligible to be appointed as a member of the Transport Advisory Council established under Part 5 of this Act.
(1) Each subsidiary corporation constituted under a provision of this Act immediately before the repeal of that provision by the Transport Administration Amendment Act 2010 is, subject to the regulations, taken to be constituted under Part 6B (as inserted by that Act) as a subsidiary corporation of the transport authority in respect of which the subsidiary corporation was previously constituted.
(2) Without limiting the operation of subclause (1), Western Sydney Buses is, on the repeal of section 33 by the Transport Administration Amendment Act 2010 , taken to have been constituted as a public subsidiary corporation of the State Transit Authority by the regulations under section 55C (as inserted by that Act).
Any delegation by the Director-General under this Act of the Director-General’s functions under the Passenger Transport Act 1990 is taken to have been delegated under section 62A of that Act (as inserted by the Transport Administration Amendment Act 2010 ).
(1) The Transport Administration Corporation is abolished.
(2) The assets, rights and liabilities of the Transport Administration Corporation are, on the abolition of the Corporation, transferred to the Crown.
(3) Schedule 4 applies to the transfer of the assets, rights and liabilities of the Transport Administration Corporation by the operation of this clause and so applies as if this clause were an order to which that Schedule applies when this clause takes effect.
In this
Part-
"amending Act" means the Transport Legislation Amendment Act 2011 .
(1) The assets, rights and liabilities of the Director-General of the Department of Transport acquired or incurred in the exercise of a function under the transport legislation, or in connection with the execution or administration of that legislation, before the commencement of this clause are, on the commencement of this clause, transferred to TfNSW.
(2) Schedule 4 applies to the transfer of the assets, rights and liabilities of the Director-General by the operation of this clause and so applies as if this clause were an order to which that Schedule applies when this clause takes effect.
(3) The Minister may by order in writing exempt specified assets, rights and liabilities from the operation of this clause.
(1) The Roads and Traffic Authority of New South Wales is abolished.
(2) The assets, rights and liabilities of the Roads and Traffic Authority are, on the abolition of that Authority, transferred to Roads and Maritime Services.
(3) Schedule 4 applies to the transfer of the assets, rights and liabilities of the Roads and Traffic Authority by the operation of this clause and so applies as if this clause were an order to which that Schedule applies when this clause takes effect.
(4) A reference in any Act (other than this Act), in any instrument made under any Act or in any document of any kind to the Roads and Traffic Authority is to be construed as a reference to Roads and Maritime Services.
(5) The Roads and Maritime Services Fund is a continuation of the Roads and Traffic Authority Fund.
(1) The Roads and Traffic Authority Division of the Government Service is abolished as a Division of the Government Service.
(2) A person who was employed in the Roads and Traffic Authority Division immediately before the abolition of that Division becomes employed in the Roads and Maritime Services Division of the Government Service on the commencement of this clause.
(3) The terms and conditions on which a person becomes employed in the Roads and Maritime Services Division under this clause (including terms and conditions as to remuneration, allowances and duration of employment) are, until such time as provision is otherwise made under this Act or any other law, those on which the person was employed immediately before the commencement of this clause.
(4) Division 4 of Part 7 of this Act applies in relation to persons who become employed in the Roads and Maritime Services Division under this clause in the same way as that Division applies to persons who are transferred under that Division.
(1) The assets, rights and liabilities of the Maritime Authority of NSW are, on the abolition of that Authority by the amending Act, transferred to Roads and Maritime Services.
(2) Schedule 4 applies to the transfer of the assets, rights and liabilities of the Maritime Authority of NSW by the operation of this clause and so applies as if this clause were an order to which that Schedule applies when this clause takes effect.
(1) This clause applies to an authorisation granted to a public transport agency under an Act or statutory rule and in force immediately before the commencement of this clause.Note : Acts under which authorisations are granted to public transport agencies include the Environmental Planning and Assessment Act 1979 , Home Building Act 1989 , National Parks and Wildlife Act 1974 , Protection of the Environment Operations Act 1997 , Sydney Harbour Foreshore Authority Act 1998 and Sydney Water Act 1994 .
(2) An authorisation is, to the extent that it relates to transferred functions or assets of a transferee agency, taken to be held by the transferee agency on the same terms and conditions as the public transport agency held the authorisation immediately before the commencement of this clause.
(3) The regulations may exempt an authorisation from the operation of this clause.
(4) This clause does not prevent an authorisation from being varied, cancelled or replaced.
(5) In this clause-
"authorisation" includes a licence, permit, approval or consent.
"public transport agency" includes a body that was a public transport agency immediately before its abolition by the amending Act.
"transferee agency" means TfNSW or RMS.
"transferred functions or assets" of a transferee agency means functions conferred on, or assets, rights or liabilities vested in, the transferee agency by or under this Act, that were, immediately before the conferral or vesting, conferred on, or vested in, a public transport agency.
Any award or order of the Industrial Relations Commission in force immediately before the commencement of Part 7A of this Act does not apply to any member of the Transport Service.
(1) The Transport Construction Authority is abolished.
(2) The assets, rights and liabilities of the Transport Construction Authority are, on the abolition of the Authority, transferred to Transport for NSW.
(3) Schedule 4 applies to the transfer of the assets, rights and liabilities of the Transport Construction Authority by the operation of this clause and so applies as if this clause were an order to which that Schedule applies when this clause takes effect.
(4) A reference in any Act (other than this Act), in any instrument made under any Act or in any document of any kind to the Transport Construction Authority is to be construed as a reference to Transport for NSW.
(1) The Country Rail Infrastructure Authority is abolished.
(2) The assets, rights and liabilities of the Country Rail Infrastructure Authority are, on the abolition of the Authority, transferred to Transport for NSW.
(3) Schedule 4 applies to the transfer of the assets, rights and liabilities of the Country Rail Infrastructure Authority by the operation of this clause and so applies as if this clause were an order to which that Schedule applies when this clause takes effect.
(4) A reference in any Act (other than this Act), in any instrument made under any Act or in any document of any kind to the Country Rail Infrastructure Authority is to be construed as a reference to Transport for NSW.
In this Part-
"the amending Act" means the Rail Safety (Adoption of National Law) Act 2012
.
(1) The Independent Transport Safety Advisory Board is abolished.
(2) A person who, immediately before the commencement of this clause, held office as a member of the Board-(a) ceases to hold that office, and(b) is not entitled to any remuneration or compensation because of the loss of that office.
Any act, matter or thing done or omitted by the ITSR, and having any force or effect immediately before the commencement of an amendment of this Act by the amending Act that confers that function to do the act, matter or thing on TfNSW or RMS, is taken to have been done or omitted by TfNSW or RMS, as the case requires, and this Act applies accordingly.
(1) For the purposes of section 99A, a rail infrastructure owner is authorised to close the whole or any part of the railway line that runs from Railway Street, Wickham, to Newcastle railway station, corner of Scott and Watt Streets, Newcastle.
(2) Accordingly, a rail infrastructure owner authorised under subclause (1) may sell or otherwise dispose of the land concerned and remove the railway tracks and other works concerned.
This Part extends to any action taken by a rail infrastructure owner before the commencement of this Part.
(1) For the purposes of section 99A, a rail infrastructure owner is authorised to close the whole or any part of the railway line that runs from Balmain Road, Lilyfield, to Victoria Road, Rozelle.
(2) Accordingly, a rail infrastructure owner authorised under subclause (1) may sell or otherwise dispose of the land concerned and remove the railway tracks and other works concerned.
This Part extends to any action taken by a rail infrastructure owner before the commencement of this Part.
(1) The Independent Transport Safety Regulator is abolished.
(2) On its abolition, the assets, rights and liabilities of the Independent Transport Safety Regulator are transferred to the Crown.
(3) The Minister may-(a) enter into an arrangement with the National Rail Safety Regulator for the transfer of any assets, rights and liabilities transferred to the Crown by this clause to the National Rail Safety Regulator, or(b) transfer any assets, rights and liabilities transferred to the Crown by this clause to a NSW government agency.
(4) Schedule 4 applies to the transfer of assets, rights and liabilities under this clause.
(5) Words and expressions used in this clause have the same meanings as they have in Schedule 4.
The person holding office as the Chief Executive of the Independent Transport Safety Regulator immediately before the commencement of the Transport Administration Amendment (Independent Transport Safety Regulator) Act 2017 -
(a) ceases to hold that office, and
(b) is not entitled to any remuneration or compensation for the loss of that office.
(1) For the purposes of section 99A, the rail infrastructure owner is authorised to close the whole or any part of the railway line that runs from McEachern Lane, Rosewood to Tumbarumba.
(2) The authorisation of the rail infrastructure owner under subclause (1) in relation to the disposal of the land concerned is limited to the land being dedicated under the Crown lands legislation as a rail trail for recreational use.
This Part extends to any action taken by a rail infrastructure owner before the commencement of this Part.
In this Part-
"amending Act" means the Government Sector Employment Legislation Amendment
Act 2016 .
"existing senior executive" means a person (other than an existing senior
manager) who, immediately before the substitution of Part 7A of this Act by
the amending Act, was employed as an executive officer under the former senior
executive provisions.
"existing senior manager" means a person who, immediately before the
substitution of Part 7A of this Act by the amending Act, was-
(a) employed as an executive officer under the former senior executive provisions, and
(b) designated as a senior manager by the Transport Secretary.
The appointment and term of office of a person holding office as a Chief Executive to whom Schedule 2 applies, the Chief Executive of the ITSR or the Chief Investigator of the Office of Transport Safety Investigations on the commencement of the amendments made to this Act by the amending Act is not affected by the amending Act.
(1) The Transport Secretary is, in consultation with the Public Service Commissioner, to prepare an implementation schedule for the staged implementation of the new senior executive provisions in relation to existing senior executives.
(2) The implementation schedule is to set out the date on which the new senior executive provisions will apply to existing senior executives. Different dates may be set for different existing senior executives.
(3) The date so set is the
"implementation date" for the existing senior executive concerned.
(4) The implementation date for an existing senior executive may be changed by the Transport Secretary in consultation with the Public Service Commissioner.
(5) Until the implementation date for an existing senior executive, the former senior executive provisions continue to apply, and the new senior executive provisions do not apply, to the person despite the repeal of the former senior executive provisions by the amending Act.
(6) On the implementation date for an existing senior executive, the person-(a) ceases to be employed under the former senior executive provisions, and(b) is employed as a Transport Service senior executive under the new senior executive provisions in the same kind of employment in which the person was employed as an existing senior executive.
(7) The employment of any such person as a Transport Service senior executive under the new senior executive provisions is subject to the following-(a) the person has a remuneration package that is equivalent to the person’s remuneration package under the former senior executive provisions even if it exceeds the band in which the person is employed,Note : The band in which the person is employed is determined by the Transport Secretary in accordance with section 68F(1) and (2).(b) the person’s remuneration package may be increased in accordance with the former senior executive provisions whether or not the person remains within the band in which the person was employed on the implementation date,(c) the person is not required to enter into a contract of employment under the new senior executive provisions and section 68H(2) of this Act does not apply in relation to the person,(d) the person’s contract of employment under the former senior executive provisions continues to apply to the person,(e) any such existing contract of employment may be extended or renewed, or varied, in accordance with the former senior executive provisions.
(1) On the commencement of the new senior executive provisions, an existing senior manager is taken to be employed under those provisions as a Transport Service senior manager in the same kind of employment in which the person was employed as an existing senior manager.
(2) The employment of any such senior manager under the new senior executive provisions is subject to the following-(a) the person has a remuneration package that is equivalent to the person’s remuneration package under the former senior executive provisions,(b) any such remuneration package may be subsequently increased in accordance with the arrangements in force under the former senior executive provisions,(c) if the person was employed under the former senior executive provisions at a remuneration level equivalent to any person employed as a Transport Service senior executive under the new senior executive provisions, the person may, despite section 68J(1), continue to be paid remuneration at the senior executive level,(d) the person is not required to enter into a contract of employment under the new senior executive provisions and the person’s contract of employment under the former senior executive provisions continues to apply,(e) any such existing contract of employment may be extended or renewed, or varied, in accordance with the former senior executive provisions.
(3) Subclause (2) ceases to apply in relation to a Transport Service senior manager if the manager is subsequently employed in a role that has a remuneration level exceeding the remuneration paid to the manager immediately before being employed in the new role.
(1) A person (other than an existing senior executive or existing senior manager) who was employed in the Transport Service immediately before the substitution of Part 7A of this Act by the amending Act is, on that substitution, taken to be employed as a Transport Service non-executive employee in the same kind of employment.
(2) The substitution of Part 7A of this Act by the amending Act does not affect the continuity of service of a person taken to be employed under this clause, any accrued rights to leave under the former Part 7A or any accrual of rights to leave under this Act.
(1) Any recruitment action relating to an executive position (within the meaning of the former senior executive provisions) that was commenced but not completed before 1 July 2017 may be completed under and in accordance with the former senior executive provisions.
(2) A person who is recruited or offered employment in accordance with the former senior executive provisions is, on the commencement of the person’s employment under those provisions, taken to be a Transport Service senior executive or Transport Service senior manager (as the case requires).
(3) An eligibility list that is created in connection with any recruitment action completed in accordance with subclause (1) may be used in relation to a role that is comparable to the position or role for which the list is created, but only for a period of up to 12 months following the date of approval of the report by the relevant selection panel.
(4) An eligibility list that was current under the former senior executive provisions may continue to be used in relation to a role that is comparable to the position for which the list was created, but only for a period of up to 12 months following the date of approval of the report by the relevant selection panel.
Any acting appointment, temporary assignment or secondment of an existing senior executive or existing senior manager that had effect under the former senior executive provisions immediately before 1 July 2017 continues to have effect under the new senior executive provisions for the term of the acting appointment, temporary assignment or secondment of the executive or manager concerned.
Any proceedings for unsatisfactory performance or misconduct pending under the former senior executive provisions immediately before 1 July 2017 are to continue to be dealt with under those provisions.
Anything done by the Transport Secretary under clause 32A of the Transport Administration (Staff) Regulation 2012 and in force immediately before the repeal of that clause by the amending Act is taken to have been done under section 68Q(1) (as inserted by the amending Act).
(1) The provisions of any regulation made under Part 1 of this Schedule consequent on the enactment of the amending Act have effect despite anything to the contrary in this Part.
(2) The regulations made under Part 1 of this Schedule consequent on the enactment of the amending Act may make separate savings and transitional provisions or amend this Part to consolidate the savings and transitional provisions.
For the avoidance of doubt, any direction given by TfNSW under section 3G to Sydney Trains or NSW Trains continues to have effect.
The regulations may provide that a reference to RailCorp in a specified provision of an Act, or an instrument made under an Act, includes a reference to any one or more of the following-
(a) Sydney Trains,
(b) NSW Trains,
(c) RTC,
(d) TfNSW.
The persons who, immediately before the commencement of this clause, held office as Chief Executive of Sydney Trains and Chief Executive of NSW Trains are taken to have been appointed as Chief Executive of Sydney Trains and Chief Executive of NSW Trains, respectively-
(a) for the balance of the term of office for which the person was so appointed before the commencement of this clause, and
(b) on the same terms and conditions as the person was so appointed.
Despite section 3, for the purposes of section 99C and Schedule 6AA,
"rail infrastructure owner" in those provisions and in any relevant
NSW rail access undertaking under those provisions does not include NSW Trains
and Sydney Trains.
Subject to the regulations, section 38L (Corporate plans) does not apply in relation to the first financial year of operation of Sydney Metro.
The reference to Sydney Metro in the following provisions is taken, from the commencement of this clause, to be a reference to Sydney Metro as constituted under Part 3D of this Act-
(a) sections 600(9) and 742(7) of the Local Government Act 1993 ,
(b) Schedule 2 to the Public Finance and Audit Act 1983 .
The regulations may provide that a reference to TfNSW, RailCorp or Sydney Trains in a specified provision of an Act, or an instrument made under an Act, includes a reference to Sydney Metro.
(1) Roads and Maritime Services (
"RMS" ) is dissolved.
(2) The assets, rights and liabilities of RMS are, on its dissolution, transferred to Transport for NSW.
(3) Schedule 4 applies to the transfer of the assets, rights and liabilities of RMS by the operation of this clause and so applies as if this clause were an order to which that Schedule applies when this clause takes effect.
(4) Any act, matter or thing done or omitted to be done before the dissolution of RMS by, to or in respect of RMS is (to the extent that the act, matter or thing has any force or effect) taken to have been done or omitted by, to or in respect of Transport for NSW.
(5) A reference in any Act (other than this Act), in any instrument made under any Act or in any document of any kind to RMS is to be construed as a reference to Transport for NSW.
(6) A reference in any Act (other than this Act), in any instrument made under any Act or in any document of any kind to the Chief Executive of RMS is to be construed as a reference to Transport for NSW.
(7) Without limiting subclauses (2) and (3) and Schedule 4, any proceedings commenced by or on behalf of RMS but not completed before its dissolution are taken to have been commenced by or on behalf of TfNSW.
(8) For the purposes of subclause (7),
"proceedings" includes any prosecution, investigation or other enforcement action.
(1) The TfNSW Fund established under section 77 as substituted by the Transport Administration Amendment (RMS Dissolution) Act 2019 is an amalgamation of and continuation of the following funds-(a) the TfNSW Fund established under section 76A as in force immediately before its repeal by that Act,(b) the RMS Fund established under section 77 as in force immediately before its substitution by that Act.
(2) A reference in any Act (other than this Act), in any instrument made under any Act or in any document of any kind to the RMS Fund (or the Roads and Maritime Services Fund) is to be construed as a reference to the TfNSW Fund.
(1) For the period of 4 years commencing on the date of the dissolution of Roads and Maritime Services, the number of full time equivalent employees of Transport for NSW in regional NSW must not be reduced below the sum of the number of Roads and Maritime Services and Transport for NSW full time equivalent employees in regional NSW immediately before that dissolution.
(2) In this clause,
"regional NSW" means that part of New South Wales that is not within the following areas-(a) the Sydney metropolitan area within the meaning of the Regional Development Act 2004 ,(b) the local government area of the City of the Blue Mountains.
(1) The employment of a Transport Service non-executive employee who, immediately before the dissolution of Roads and Maritime Services, was a member of staff of Roads and Maritime Services must not be terminated on the grounds of redundancy (other than voluntary redundancy).
(2) This clause continues to have effect only while any of the following awards apply to any non-executive employees in the Transport Service-(a) the Roads and Maritime Services Consolidated Salaried Award 2019 ,(b) the Roads and Maritime Services School Crossing Supervisors Award 2019 ,(c) the Roads and Maritime Services (Traffic Signals Staff) Award 2019 ,(d) the Roads and Maritime Services (Wages Staff) Award 2019 .
For the period of 4 years commencing on the date of the dissolution of Roads and Maritime Services-
(a) any work that, immediately before that dissolution, was performed by Roads and Maritime Services must not be privatised to a non-government sector entity, and
(b) any contract in force immediately before that dissolution for the carrying out of road maintenance work on behalf of Roads and Maritime Services in the Sydney metropolitan area (within the meaning of the Regional Development Act 2004 ) by a non-government sector entity must not be extended in scope.
(1) The Transport Secretary must ensure, for the period of 4 years commencing on the date of the dissolution of Roads and Maritime Services, that the existing RMS awards are maintained as separate awards and are not combined with any other award applying to employees in the Transport Service.
(2) Subclause (1) does not apply to an existing RMS award if all the industrial organisations that are parties to the award consent to the combination.
(3) In this clause,
"existing RMS award" means the following-(a) the Roads and Maritime Services Consolidated Salaried Award 2019 ,(b) the Roads and Maritime Services School Crossing Supervisors Award 2019 ,(c) the Roads and Maritime Services (Traffic Signals Staff) Award 2019 ,(d) the Roads and Maritime Services (Wages Staff) Award 2019 .
(1) If a person who, immediately before the dissolution of Roads and Maritime Services, was a member of staff of Roads and Maritime Services to whom an RMS award applied is of the opinion that the person has been materially disadvantaged by that dissolution or actions directly consequent on that dissolution, the person, or an industrial organisation acting on behalf of the person, may apply to the Industrial Relations Commission to have the matter determined by conciliation and, if necessary, arbitration.
(2) However, the person, or industrial organisation acting on behalf of the person, before making the application to the Industrial Relations Commission under subclause (1), must follow the dispute settlement procedure set out in the applicable RMS award as far as is reasonably practicable in the circumstances.
(3) The Industrial Relations Commission may conduct the dispute resolution process in a manner that the Commission considers appropriate.
(4) The Industrial Relations Commission may make orders in relation to the matter that the Commission considers are fair and reasonable in the circumstances.
(5) If a Transport Service senior executive or Transport Service senior manager who, immediately before the dissolution of Roads and Maritime Services, was a member of staff of Roads and Maritime Services is of the opinion that the executive or manager has been materially disadvantaged by that dissolution or actions directly consequent on that dissolution, the executive or manager, or an industrial organisation acting on behalf of the executive or manager, may apply to the Transport Secretary to review the matter.
(6) The Transport Secretary may, after reviewing the matter, make directions that the Transport Secretary considers are fair and reasonable in the circumstances.
(7) The Transport Secretary may delegate any of the Transport Secretary’s functions under subclauses (5) and (6) to a person employed in the Transport Service.
(8) In this clause-
"industrial organisation" means-(a) an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 , or(b) an association of employees registered as an organisation under the Fair Work (Registered Organisations) Act 2009 of the Commonwealth.
"RMS award" means the following-(a) the Roads and Maritime Services Consolidated Salaried Award 2019 ,(b) the Roads and Maritime Services School Crossing Supervisors Award 2019 ,(c) the Roads and Maritime Services (Traffic Signals Staff) Award 2019 ,(d) the Roads and Maritime Services (Wages Staff) Award 2019 .
(9) To avoid doubt, nothing in this clause affects the operation of section 74 of the Government Sector Employment Act 2013 or section 68O of this Act.
(10) Subclauses (1), (2) and (5) cease to have effect on the expiry of the period of 4 years commencing on the dissolution of Roads and Maritime Services.
Despite section 53 of the Interpretation Act 1987 , the regulations may provide that, on and from SOC conversion day, a specified reference in an Act (other than this Act) or instrument, or in another document, to RailCorp is not taken to be a reference to TAHE.
Note : Section 53 of the Interpretation Act 1987 provides that if an Act alters the name of a body-(a) the body continues in existence under its new name so that its identity is not affected, and(b) a reference in any Act or instrument, or in any other document, to the body under its former name shall, except in relation to matters that occurred before the alteration took place, be read as a reference to the body under its new name.
A period within which any matter is required to be done under section 21 of the State Owned Corporations Act 1989 in connection with the first statement of corporate intent of TAHE may be extended by the voting shareholders of TAHE, but any such period of extension is not to exceed 3 months.
(1) State tax is not chargeable in respect of any of the following-(a) land owned by, or leased to, TAHE and used primarily for railway purposes (other than land subject to a lease or licence by TAHE to another person other than a public transport agency),(b) any other matter or thing done by TAHE in the exercise of its functions.
(2) TAHE is not liable for payment of the parking space levy under the Parking Space Levy Act 2009 in respect of any premises owned by, or leased to, TAHE (other than premises subject to a lease or licence by TAHE to another person).
(3) Subclauses (1) and (2) have effect for the period of 12 months commencing on the SOC conversion day.
(4) The regulations under this Act may, on the recommendation of the Minister and with the approval of the Treasurer, provide that State tax is not chargeable in respect of any matter or thing, or classes of matters or things, prescribed by the regulations and done by TAHE in the exercise of its functions after the end of that period.
(5) The provisions of this clause are in addition to and do not derogate from the provisions of the State Owned Corporations Act 1989 .
(6) In this clause-
"railway purposes" includes the following-(a) the operation and maintenance of the NSW rail network,(b) stations and platforms,(c) office buildings used in association with railway purposes,(d) rolling stock maintenance facilities,(e) freight centres and depots,(f) related facilities,(g) purposes ancillary to other purposes set out in this definition.
"State tax" means duty under the Duties Act 1997 or any other tax, duty, rate, fee or other charge imposed by or under any Act or law of the State, other than payroll tax and the fire and emergency services levy under the Fire and Emergency Services Levy Act 2017 .
(1) For the purposes of section 99A, a rail infrastructure owner is authorised to close the whole or any part of the railway line that runs from-(a) Crabbes Creek (Rail KM 909.95) to Condong (Rail KM 938.64), and(b) Old Casino Station Precinct, Casino (Rail KM 806.9) to Back Creek Bridge, Bentley (Rail KM 819.7).Note : Rail KM is rail kilometrage and measures distance in kilometres from Central Station, Sydney.
(2) Accordingly, a rail infrastructure owner authorised under this clause may sell or otherwise dispose of the land concerned and remove the railway tracks and other works concerned.
(1) The land referred to in clause 228 may be sold or otherwise disposed of only if the transferee is-(a) a transport authority within the meaning of section 94, or(b) a public subsidiary corporation of a transport authority, or(c) a State owned corporation, or(d) the Crown or a person or body acting on behalf of the Crown, or(e) a local council.
(2) This clause extends to the sale or disposal of the land by a person or body specified in subclause (1).
(3) This clause does not apply to a lease of the land.
(1) The land referred to in clause 228 may be leased for recreation, tourism or community and related purposes only.
(2) This clause extends to the lease of the land by a person or body to whom the land is transferred under clause 229.
(3) A lease under this clause does not prevent the acquisition of the land in accordance with the Land Acquisition (Just Terms Compensation) Act 1991 .
This Part extends to action taken by a rail infrastructure owner before the commencement of this Part.
In this Part-
"relevant employee" means a member of staff of TfNSW who is employed in a role
with functions relating, or giving effect, to the functions of TfNSW under the
following legislation, and includes a member of staff so employed immediately
before their employment was transferred under this Part to the
National Heavy Vehicle Regulator-
(a) the Heavy Vehicle National Law (NSW) ,
(b) the road transport legislation, within the meaning of the Road Transport Act 2013 , relating to heavy vehicle inspections.
(1) The Minister may, by written order, transfer the employment of a relevant employee (a
"transferred employee" ) to the employment of the National Heavy Vehicle Regulator.
(2) A transfer of employment under this clause does not require the consent of the transferred employee.
(3) The terms and conditions of employment of a transferred employee with the National Heavy Vehicle Regulator are-(a) for a contract employee-the terms and conditions determined by the Minister and specified in the order that transfers the employee’s employment, or(b) otherwise-the terms and conditions that applied to the employee under a State industrial instrument, including under local arrangements, if any, approved in accordance with the industrial instrument, as a relevant employee immediately before the transfer of employment.
(4) The terms and conditions cannot be varied during an employment guarantee period for the transferred employee except-(a) by agreement entered into by or on behalf of a majority of the transferred employees, or(b) in accordance with the industrial instrument or the terms of local arrangements, if any, approved in accordance with the industrial instrument.
(5) The employment of a transferred employee with the National Heavy Vehicle Regulator cannot be terminated by the National Heavy Vehicle Regulator during an employment guarantee period for the transferred employee, except-(a) for serious misconduct, or(b) as a result of the proper application of reasonable disciplinary procedures, or(c) by agreement with the employee.
(6) There is an
"employment guarantee period" for transferred employees who are permanent or temporary employees, as follows-(a) for permanent employees-the employment guarantee period is 2 years after the transfer date,(b) for temporary employees-the employment guarantee period is the shorter of the following periods-(i) the remainder of the employee’s current term of employment, as specified in the arrangements under which the employee was engaged as a temporary employee, immediately before the transfer date,(ii) the period of 2 years after the transfer date.Note-: There is no employment guarantee period for contract employees or casual employees. The employment of a transferred employee who is a contract employee remains governed by the contract of employment.
(7) In this clause-
"casual employee" means an employee whose employment is in a category of employment that is described in or classified under a State industrial instrument as casual employment or who is otherwise engaged as a casual employee.
"contract employee" means an employee whose terms and conditions of employment are provided by an individual contract and not by a State industrial instrument.
"permanent employee" means an employee whose employment is of indefinite duration and who is not a casual employee, temporary employee or contract employee.
"temporary employee" means an employee, other than a casual employee or contract employee, whose employment is in a category of employment that is described in or classified under a State industrial instrument as temporary employment or whose employment is, under the terms of the person’s employment, for a limited period.
"transfer date" means the date on which the employment of a transferred employee is transferred under this clause to the National Heavy Vehicle Regulator.
(1) On the transfer of a person’s employment from TfNSW to the National Heavy Vehicle Regulator by order under this Part, the following provisions have effect-(a) the person is entitled to continue as a contributor, member or employee for the purposes of a superannuation scheme in respect of which the person was a contributor, member or employee, as a member of staff of TfNSW, immediately before the transfer of employment and remains entitled subject to a variation to that entitlement made either by agreement or otherwise in accordance with law,(b) the National Heavy Vehicle Regulator is taken to be an employer for the purposes of a superannuation scheme in respect of which the person continues as a contributor, member or employee in relation to an entitlement under this clause,(c) the continuity of the person’s employment is taken not to have been broken by the transfer of employment, and service of the person with TfNSW, including service deemed to be service with TfNSW, that is continuous service up to the time of transfer is deemed to be service with the National Heavy Vehicle Regulator,(d) the person is entitled to elect to be paid the monetary value of all or part of the annual leave accrued, but not taken, by the person immediately before the transfer of employment,(e) if, immediately before the transfer of employment, the person has at least 7 years of continuous service with TfNSW, including service deemed to be service with TfNSW, the person is entitled to elect to be paid the monetary value of all or part of the extended leave accrued, but not taken, by the person immediately before the transfer,(f) the person retains their rights to annual leave, extended leave, family and community service leave and sick leave accrued, but not taken, by the person immediately before the transfer of employment, except accrued leave for which the person has, under paragraph (d) or (e), been paid the monetary value.
(2) The Minister may, in connection with the operation of this Part, give a written certificate about the extent of the accrued rights to annual leave, extended leave, family and community service leave or sick leave that are retained by a person under this Part, and the certificate is evidence of the matters certified.
(3) A person is not entitled, in respect of the same period of service, to claim a benefit under this Act and another law or instrument.
(1) The following provisions apply in relation to the transfer of a person’s employment under this Part-(a) the transfer has effect despite another law, a contract or an instrument under a law,(b) the transfer does not constitute a retrenchment, redundancy or termination of employment at the initiative of the Crown or TfNSW,(c) the person transferred is not entitled to a payment or other benefit by reason only of having ceased to be a member of staff of TfNSW as a result of the transfer of employment,(d) TfNSW is not required to make a payment to the transferred person in relation to the transferred person’s accrued rights in respect of annual leave, extended leave, family and community service leave or sick leave, otherwise than in accordance with this Part.
(2) Part 29 of this Schedule does not prevent or limit anything that can be done by or under this Part.
(3) Without limiting subclause (2)-(a) this Part prevails over Part 29 of this Schedule to the extent of any inconsistency, and(b) a transferred employee in regional NSW, within the meaning of clause 220 of this Schedule, is taken not to be included in the sum referred to in that clause.
A provision of this Act, including a provision to the extent that it imposes or continues a term or condition of employment, has no effect to the extent of an inconsistency with a provision of the Fair Work Act 2009 of the Commonwealth or of an instrument under that Act.
(1) On the commencement of this clause, $5,041,880,696 is transferred from the TfNSW Fund to the Consolidated Fund.
(2) This clause has effect despite anything in this Act or the Government Sector Finance Act 2018 .